ANTWAN JOVON JACKSON
v.
STATE OF FLORIDA
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Failure to comply with Florida Rule of Criminal Procedure 3.850(k)'s requirement that orders denying postconviction relief include a statement of the defendant's right to appeal entitles the petitioner to a belated appeal.
[1] A trial court's failure to include in an order denying postconviction relief the statutorily required statement that the defendant has the right to appeal within 30 days…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[F]ailure to comply with the notification requirement . . . entitles [a] petitioner to a belated appeal.”
Court citing Vlacos v. State, 730 So. 2d 864, 864 (Fla. 1st DCA 1999)
Jackson sought a belated appeal from an order denying his motion for postconviction relief. The trial court's order failed to include the required sta…
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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
ANTWAN JOVON JACKSON,
Petitioner,
v. Case No. 5D20-2487
STATE OF FLORIDA,
Respondent. ________________________________/
Opinion filed January 22, 2021
Petition for Belated Appeal A Case of Original Jurisdiction.
Antwan Jovon Jackson, Clermont, pro se.
Ashley Moody, Attorney General, Tallahassee and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Respondent.
PER CURIAM.
Antwan Jackson seeks a belated appeal from an order denying his motion for postconviction relief. Florida Rule of Criminal Procedure 3.850(k) requires that “[a]ll final orders denying motions for postconviction relief shall include a statement that the defendant has the right to appeal within 30 days of the rendition of the order.” This order failed to comply with that rule. “[F]ailure to comply with the notification requirement . . . entitles [a] petitioner to a belated appeal.” Vlacos v. State, 730 So. 2d 864, 864 (Fla. 1st DCA 1999) (citations omitted). As a result, the petition for belated appeal is granted. A
PETITION GRANTED.
COHEN, EISNAUGLE AND SASSO, JJ., concur.
1 We express no opinion as to the merits of the appeal.
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Citator
Authorities Cited
- GEE v. Daytona Beach Garden Apts., Inc., 730 So. 2d 864 (Fla. 1st DCA 1999)