MCKENZIE D. O'NEAL
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-07-12
No. 2024-1465
Jay, J., Eisnaugle, J., Kilbane, J.
2024 FL 8284 Florida District Court of Appeal, Fifth District (2024)

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Holding

A petition for belated appeal may be granted and the appellate opinion itself may serve as notice of appeal from the underlying trial court order.


Headnotes

[1] An appellate court's opinion granting a petition for belated appeal may be treated as the notice of appeal from the underlying trial court order pursuant to Florida Rule…

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Facts & Procedural History

O'Neal sought belated appeal of a trial court's October 27, 2023 order denying his motion for postconviction relief in a criminal case.…

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2024-1465 LT Case No. 2015-303072-CFDB _____________________________ MCKENZIE D. O’NEAL, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________ Petition for Belated Appeal. A Case of Original Jurisdiction. McKenzie D. O’Neal, Mayo, pro se. Ashley Moody, Attorney General, Tallahassee, and Mitchell

E. Sanders, Assistant Attorney General, Daytona Beach, for

Respondent. July 12, 2024

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 October 27, 2023 order denying defendant’s motion for postconviction relief rendered in Case No. 2015-303072-CFDB, in the Circuit Court in and for Volusia County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

2

PETITION GRANTED.

JAY, EISNAUGLE, and KILBANE, JJ., concur. ____________________________


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