ELTON L. BAKER, SR.
v.
STATE
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A petition for belated appeal from a denied habeas corpus petition may be granted where the petitioner has not exhausted the time available to perfect a direct appeal.
[1] A petition for belated appeal from a trial court's order denying a Rule 3.850(m) habeas corpus petition may be granted in a case of original jurisdiction before the Distr…
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Join FLexlaw to unlock all legal intelligenceBaker filed a petition for habeas corpus relief under Florida Rule of Criminal Procedure 3.850(m) in the trial court, which was denied by order on Feb…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ELTON LEE BAKER, SR., Petitioner, v. Case No. 5D17-4116 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed February 9, 2018 Petition for Belated Appeal A Case of Original Jurisdiction.
Elton Lee Baker, Sr., Lowell, pro se.
Pamela Jo Bondi, Attorney General Tallahassee, and, Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Respondent.
PER CURIAM. The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the February 21, 2017 order denying Petitioner’s petition for writ of habeas corpus, filed pursuant to Florida
Rule of Criminal Procedure 3.850(m), in Case No. 2017-CA-69 in the Circuit Court in and for Sumter County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).
PETITION GRANTED. COHEN, C.J., BERGER and LAMBERT, JJ., concur.