THOMAS HILDEBRAND, PETITIONER,
v.
HARRY K. SINGLETARY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
We grant the petition for writ of habeas corpus for belated appeal of a rule 3.850 post-conviction motion. The incarcerated petitioner has established that, through no fault of his own, he did not receive a copy of the trial court’s order in a timely fashion. This court has permitted petitioners to file belated appeals under similar circumstances. See, e.g., Nava v. State, 652 So. 2d 1264 (Fla. 4th DCA 1995) (trial court did not provide petitioner with copy of order and did not advise petitioner that he had thirty days to appeal); Everett v. Singletary, 603 So. 2d 117 (Fla. 4th DCA 1992) (lack of appropriate certificate of service with date of service corroborated petitioner’s allegation of non-receipt); Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA 1985) (petitioner’s allegation of non-receipt of order was corroborated with affidavit and copy of envelope with postmark when mailed from court).
Accordingly, we grant the petition for writ of habeas corpus, allow the belated appeal, and order petitioner to file a notice of appeal with the clerk of the circuit court within thirty days from the date of this opinion.
GLICKSTEIN, POLEN, and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Suarez v. State, 677 So. 2d 1316 (Fla. 3d DCA 1996)
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Kalvin Denny v. Singletary, 697 So. 2d 1309 (Fla. 4th DCA 1997)…orida Rules of Criminal Procedure. Respondent concedes, and we agree, that petitioner is entitled to such relief because petitioner did not receive, in a timely fashion, a copy of the trial court’s denial of his motion. See Hildebrand v. Singletary, 666 So. 2d 274 (Fla. 4th DCA 1996); Nava v. State, 652 So. 2d 1264 (Fla. 4th DCA 1995); Everett v. Singletary, 603 So. 2d 117 (Fla. 4th DCA 1992); Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA 1985). Accordingly, we grant the petition for ha-beas corpus, allow…
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Washington v. Singletary, 701 So. 2d 1233 (Fla. 4th DCA 1997)…ellate Procedure, the rule governing belated appeals. Filing a notice of appeal after the time for doing so has expired would have been a useless act. Appellant has demonstrated his entitlement to belated appeal, see, e.g., Hildebrand v. Singletary, 666 So. 2d 274 (Fla. 4th DCA 1996); Nava v. State, 652 So. 2d 1264 (Fla. 4th DCA 1995); Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA 1985), and he filed his petition for such relief well within the two-year time period provided by Florida Rule of Appellate Proce…
Authorities Cited
- Nava v. State, 652 So. 2d 1264 (Fla. 4th DCA 1995)
- Ivory Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA 1985)
- Sherrod Everett v. Singletary, 603 So. 2d 117 (Fla. 4th DCA 1992)