CALVIN WASHINGTON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-06-24
No. 22-1302
Cohen, J., Harris, J., Wozniak, J.
Florida District Court of Appeal, Fifth District (2022)

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Holding

A petition for belated appeal may be granted to allow an appeal from an order denying postconviction relief when timely appeal was not filed.


Headnotes

[1] A petition for belated appeal from an order denying postconviction relief may be granted and treated as notice of appeal pursuant to Florida Rule of Appellate Procedure 9…

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Facts & Procedural History

Calvin Washington sought a belated appeal from a March 18, 2022 order denying his motion for postconviction relief in a criminal case. The underlying …

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Opinion of the Court
Wozniak

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

CALVIN WASHINGTON, Case No. 5D22-1302 LT Case No. 2015-CF-2591-A Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________/ Opinion filed June 24, 2022 Petition for Belated Appeal A Case of Original Jurisdiction. Michael C. Nappi, Assistant Regional Counsel, of Office of Regional Criminal Conflict & Civil Regional Counsel, Casselberry, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, 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

PETITION GRANTED.

COHEN, HARRIS and WOZNIAK, JJ., concur.

Footnotes
2 March 18, 2022 order denying the motion for postconviction relief, filed in Case No. 2015-CF-2591-A, Marion County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

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