GERRELL SMITH
v.
STATE
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A petition for belated appeal may be granted and the appellate opinion may serve as notice of appeal when timely filing was not accomplished.
[1] An appellate court opinion granting a petition for belated appeal may be filed with the trial court and treated as notice of appeal when the petitioner failed to timely f…
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Join FLexlaw to unlock all legal intelligenceGerrell Smith sought a belated appeal from a sentence imposed on May 31, 2016, in a criminal case in Flagler County Circuit Court.…
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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
GERRELL SMITH,
Petitioner,
v. Case No. 5D18-1808
STATE OF FLORIDA,
Respondent. ________________________________/
Opinion filed July 20, 2018
Petition for Belated Appeal A Case of Original Jurisdiction.
Gerrell Smith, Century, pro se.
No appearance 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 May 31, 2016 sentence rendered in Case No. 2008-CF-00822, in the Circuit Court in and for Flagler County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).
PETITION GRANTED.
PALMER, WALLIS and LAMBERT, JJ., concur.