MICHAEL GRAGG
v.
STATE

Fla. 5th DCA | 2018-04-16
No. 18-797
Wallis, J., Lambert, J., Edwards, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

A petition for belated appeal may be granted to allow review of a trial court's order denying post-conviction relief when timely appeal procedures were not followed.


Headnotes

[1] A petition for belated appeal from a trial court's order denying post-conviction relief may be granted under Florida Rule of Appellate Procedure 9.141(c)(6)(D), with the…

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Facts & Procedural History

Michael Gragg, proceeding pro se, sought a belated appeal from a December 12, 2017 order by the trial court denying his motion for post-conviction rel…

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Opinion of the Court
Edwards

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

MICHAEL GRAGG,

Petitioner,

v. Case No. 5D18-797

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed April 20, 2018

Petition for Belated Appeal A Case of Original Jurisdiction.

Michael Gragg, Monticello, 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 December 12, 2017 order denying Petitioner’s pro se motion for post-conviction relief, filed in Case No. 2012-CF- 32584-A in the Eighteenth Judicial Circuit Court in and for Brevard County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

WALLIS, LAMBERT and EDWARDS, JJ., concur.


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