BRAD ELLCEY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-07-26
No. 19-1843
Harris, J., Grosshans, J., Sasso, J.
275 So. 3d 1273 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 the 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 the notice of appeal from the underlying judgment pursu…

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Facts & Procedural History

Ellcey sought a belated appeal from a March 28, 2019 judgment and sentence rendered in a criminal case in Citrus County Circuit Court.…

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Opinion of the Court
Sasso

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

BRAD ELLCEY,

Petitioner,

v. Case No. 5D19-1843

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed July 26, 2019

Petition for Belated Appeal A Case of Original Jurisdiction.

James R. Dozier, Law Office of Grant & Dozier, LLC, Inverness, 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 March 28, 2019 judgment and sentence rendered in Case No. 2018-CF-605, in the Circuit Court in and for Citrus County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

HARRIS, GROSSHANS and SASSO, JJ., concur.


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