MICHAEL EUGENE PAINTER
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-08-25
No. 2023-2522
Jay, J., Boatwright, J., MacIver, J.
Florida District Court of Appeal, Fifth District (2023)

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Holding

A petition for belated appeal from a sexual predator designation order may be granted to allow the appellant to pursue appellate review.


Headnotes

[1] A petition for belated appeal from a sexual predator designation order may be granted and converted into a notice of appeal to allow appellate review of the underlying tr…

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Facts & Procedural History

Painter sought a belated appeal from a November 4, 2021 order designating him a sexual predator in a case originating in Volusia County Circuit Court …

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

__________________________________

Case No. 5D23-2522 LT Case No. 2006-033792-CFAES __________________________________

MICHAEL EUGENE PAINTER ,

Petitioner,

v.

STATE OF FLORIDA,

Respondent. _______________________________

Petition for Belated Appeal. A Case of Original Jurisdiction.

Matthew J. Metz, Public Defender, and Mitchel Novas, Assistant Public Defender, Daytona Beach, for Petitioner.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Respondent.

August 25, 2023

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 November 4, 2021 order designating Petitioner a sexual predator and rendered in Case No. 2006-033792-CFAES, in the Circuit Court in and for Volusia County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

2

PETITION GRANTED.

JAY, BOATWRIGHT, and MACIVER, JJ., concur.

_____________________________

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


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