ANGELA LAY
v.
STATE

Fla. 5th DCA | 2018-09-10
No. 18-2692
Cohen, C.J., Orfinger, 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 to the trial court.


Headnotes

[1] An appellate court opinion granting a petition for belated appeal may be filed with the trial court and treated as notice of appeal pursuant to Florida Rule of Appellate…

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Facts & Procedural History

Angela Lay sought a belated appeal from a July 9, 2018 order on motion to mitigate and a July 10, 2018 amended judgment and sentence rendered in a cri…

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Opinion of the Court
Petition Granted. Cohen

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

ANGELA LAY,

Petitioner,

v. Case No. 5D18-2692

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed September 14, 2018

Petition for Belated Appeal A Case of Original Jurisdiction.

Mike Graves, Public Defender, and Amanda Sizemore, Assistant Public Defender, Ocala, for Petitioner.

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 July 9, 2018 order on motion to mitigate and the July 10, 2018 amended judgment and sentence rendered in Case No. 2016-CF-1928, in the Circuit Court in and for Marion County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

COHEN, C.J., and ORFINGER and EVANDER, JJ., concur.


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