AL PRINCE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2020-09-03
No. 20-0673
MARVEL
Florida District Court of Appeal, First District (2020)

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Synopsis

The First District Court of Appeal of Florida denied a pro se petitioner's request for a belated appeal because it was filed more than four years after the deadline for filing the initial notice of appeal.


Holding

No, a petition for a belated appeal filed more than four years after the expiration of the time for filing the notice of appeal is untimely.


Headnotes

[1] A petition for belated appeal filed more than four years after the expiration of time for filing the notice of appeal is untimely and must be denied under Florida Rule of…

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Key Quotes

“In no case shall a petition for belated appeal be filed more than 4 years after the expiration of time for filing the notice of appeal.”

This quote states the rule that the court applied to deny the petition.

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Facts & Procedural History

Al Prince, representing himself, filed a petition for a belated appeal with the Florida First District Court of Appeal. The petition was filed more th…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA _____________________________

No. 1D20-0673 _____________________________

AL PRINCE,

Petitioner,

v. STATE OF FLORIDA,

Respondent,

_____________________________

Petition for Belated Appeal—Original Jurisdiction.

September 3, 2020 PER CURIAM.

The petition for belated appeal is denied as untimely. See Fla. R. App. P. 9.141(c)(5)(A) (“In no case shall a petition for belated appeal be filed more than 4 years after the expiration of time for filing the notice of appeal.”).

KELSEY, M.K. THOMAS, and TANENBAUM, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

2

Al Prince, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.


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