JODY O'MALLEY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2026-10-30
No. 2026-2113
Wallis, J., Lambert, J., Boatwright, J.
2026 FL 14663 Florida District Court of Appeal, Fifth District (2026)

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Holding

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


Facts & Procedural History

O'Malley, a criminal defendant in Clay County, failed to timely appeal from the trial court's December 5, 2025 order denying his motion for postconvic…

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

JODY O'MALLEY, Petitioner,

V.

STATE OF FLORIDA, Respondent.

Case No. 5D2026-2113 LT Case No. 2021-CF-000195-A

Petition for Belated Appeal. A Case of Original Jurisdiction.

Jody O'Malley, Ocala, pro se.

James Uthmeier, Attorney General, Tallahassee, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent.

October 30, 2026

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 December 5, 2025 order denying Defendant's motion for postconviction relief rendered in Case No. 2021-CF-000195-A, in the Circuit Court in and for Clay County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

WALLIS, LAMBERT, and BOATWRIGHT, JJ., concur.


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