EDWARD LEVINE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-07-24
No. 19-1424
Berger, J., Harris, J., Grosshans, J.
275 So. 3d 1264 Florida District Court of Appeal, Fifth District (2019)

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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 from the trial court judgment pursuant to Florida Rule of Appella…

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Facts & Procedural History

Edward Levine sought a belated appeal from a judgment and sentence rendered on January 11, 2019, in a criminal case in Orange County Circuit Court.…

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Opinion of the Court
Grosshans

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

EDWARD LEVINE,

Petitioner,

v. Case No. 5D19-1424

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed July 24, 2019

Petition for Belated Appeal A Case of Original Jurisdiction.

Robert Wesley, Public Defender, and Melissa Vickers, Assistant Public Defender, Orlando, for Petitioner.

Ashley Moody, 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 January 11, 2019 judgment and sentence rendered in Case No. 2013-CF-9302-O, in the Circuit Court in and for Orange County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

BERGER, HARRIS and GROSSHANS, JJ., concur.


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