JOHNKEVIOUS T. WALKER
v.
STATE

Fla. 5th DCA | 2018-08-27
No. 18-2264
Palmer, J., Torpy, J., Evander, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

A petition for belated appeal may be granted and the appellate opinion itself may serve as notice of appeal when filed within the applicable time period.


Headnotes

[1] An appellate court may grant a petition for belated appeal and treat its opinion as the notice of appeal when the petition is filed within the time prescribed by Florida…

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Facts & Procedural History

Walker sought a belated appeal from a June 29, 2017 judgment and sentence rendered in a criminal case in Brevard County Circuit Court.…

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Opinion of the Court
Evander

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

JOHNKEVIOUS T. WALKER,

Petitioner,

v. Case No. 5D18-2264

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed August 31, 2018

Petition for Belated Appeal A Case of Original Jurisdiction.

Johnkevious T. Walker, Wewahitchka, 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 June 29, 2017 judgment and sentence rendered in Case No. 2016-CF-044728-A, in the Circuit Court in and for Brevard County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

PALMER, TORPY and EVANDER, JJ., concur.


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