DAWAYNE LEE DAVIS, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-09-16
No. 22-1910
Wallis, J., Eisnaugle, J., Harris, J.
Florida District Court of Appeal, Fifth District (2022)

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Holding

A petition for belated appeal from a denial of postconviction relief may be granted to allow appellate review of the trial court's order.


Facts & Procedural History

Davis filed a motion for postconviction relief in a criminal case, which was denied by the trial court on May 5, 2020, with a rehearing order issued o…

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Opinion of the Court
Harris

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

DAWAYNE LEE DAVIS, JR., Petitioner, v. Case No. 5D22-1910 LT Case No. 2017-CF-000464-A STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed September 16, 2022 Petition for Belated Appeal A Case of Original Jurisdiction. Dawayne Lee Davis, Jr., Jasper, pro se. 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 May 5, 2020 order (and July 22, 2020 rehearing order) denying the motion

PETITION GRANTED.

WALLIS, EISNAUGLE and HARRIS, JJ., concur.

Footnotes
2 for postconviction relief filed in Case 2017-CF-000464-A, Sumter County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

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