MICHAEL L.S. JOHNS
v.
STATE

Fla. 5th DCA | 2018-06-04
No. 18-1356
Palmer, J., Orfinger, J., Wallis, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

A petition for belated appeal may be granted to allow an appellant to appeal from an order denying postconviction relief when timely appeal was not filed.


Headnotes

[1] A petition for belated appeal from an order denying postconviction relief may be granted under Florida Rule of Appellate Procedure 9.141(c)(6)(D), with the appellate cour…

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Facts & Procedural History

Johns filed a petition for belated appeal from a December 6, 2017 order denying his motion for postconviction relief in a criminal case (Case No. 2013…

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Opinion of the Court
Wallis

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 LEWIS-STEVEN JOHNS,

Petitioner,

v. Case No. 5D18-1356

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed June 8, 2018

Petition for Belated Appeal A Case of Original Jurisdiction.

Michael Lewis-Steven Johns, Malone, pro se.

Pamela Jo Bondi, Attorney General Tallahassee, and Marjorie Vincent-Tripp, 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 6, 2017 order denying motion for postconviction relief rendered in Case No. 2013-CF-390, in the Circuit Court in and for Citrus County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

PALMER, ORFINGER and WALLIS, JJ., concur.


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