MICHAEL E. MCMILLIAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL E. MCMILLIAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
573 So. 2d 965
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Michael McMillian appeals the summary denial of his motion for postconviction relief. While the notice of appeal is clearly untimely, McMillian has alleged facts which, if true, would entitle him to belated appellate review. See State ex rel. Shevin v. District Court of Appeal, Third District, 316 So. 2d 50 (Fla.1975). Turning to the merits of the motion, we agree with the trial court that McMillian has failed to set forth a prima facie showing of his entitlement to relief. Accordingly, the order of the circuit court is hereby affirmed.
FRANK, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Scalf v. Singletary, 589 So. 2d 986 (Fla. 2d DCA 1991)…cause the supreme court did not explicitly overrule Baggett and Shevin, we believe that this court still has jurisdiction to entertain petitions for belated appeal except when the failure to appeal is attributable to counsel. See McMillian v. State, 573 So. 2d 965 (Fla. 2d DCA 1991); Cox v. State, 583 So. 2d 822 (Fla. 4th DCA 1991). The petition for writ of habeas corpus is granted and Scalf shall be permitted belated appellate review of the order denying his motion for postconviction relief. In the event t…
Authorities Cited
- State of Fla. ex rel. Robert L. Shevin v. The Dist. Court OF Appeal of Fla., 316 So. 2d 50 (Fla. 1975)