PAUL M. BATTLES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PAUL M. BATTLES, PETITIONER,
STATE OF FLORIDA, RESPONDENT
739 So. 2d 740
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Paul Battles seeks a belated appeal from an order which denied a motion for correction of sentence. Battles’ petition states under oath that he did not receive a copy of the order until the time for filing a notice of appeal had passed. The respondent expresses no objection to the granting of relief.
Accordingly, the petition for belated appeal from the order denying motion to correct sentence in Gadsden County case number 89-565-CFA is granted. Upon issuance of mandate in this cause, a copy of the opinion shall be provided to the clerk of the lower tribunal for treatment as a notice of appeal. Fla. R.App. P. 9.140(j)(5)(D).
BARFIELD, C.J., ERVIN and WOLF, JJ., concur.
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Elton Rumph v. State, 746 So. 2d 1249 (Fla. 1st DCA 1999)…been granted where, for example, it is established that a copy of the order being appealed was not timely received, or that a notice of appeal mailed by an incarcerated defendant was never received by the lower tribunal. See, e.g., Battles v. State, 739 So. 2d 740 (Fla. 1st DCA 1999); Rozar v. State, 701 So. 2d 1201 (Fla. 5th DCA 1997). In light of the special master’s finding in this case that Rumph timely attempted to communicate a desire to appeal to his counsel, we find that counsel’s failure to initiate…