SHEDDRICK BENTLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 1998-10-23
No. 98-2637
JOANOS, KAHN and WEBSTER, JJ., concur.
719 So. 2d 383 Florida District Court of Appeal, First District (1998) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition seeking belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j), petitioner asserts that he timely requested that court appointed counsel file a notice of appeal. The petition is supported by an affidavit of trial counsel. In response to an order to show cause, the state does not object to the belated appeal. Accordingly, we grant the request for a belated appeal and remand to the trial court. The trial court shall treat this court’s mandate as the notice of appeal. Fla. R.App. P. 9.140(j)(5)(D). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.

JOANOS, KAHN and WEBSTER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Hudson v. State, 724 So. 2d 1226 (Fla. 2d DCA 1999)
    …. (1991). However, Hudson was sentenced to 15 years in prison followed by probation for life for this offense. The total period of incarceration and probation exceeds the statutory maximum that may be imposed for this crime. See Bloodworth v. State, 719 So. 2d 383, 23 Fla. L. Weekly D2402 (Fla. 1st DCA Oct.23, 1998). Hudson has not waived the legality of his sentence even though he agreed to it. See Stephens v. State, 627 So. 2d 543 (Fla. 2d DCA 1993). Further, a sentence that exceeds the statutory maximum is…

Full citator, related cases, and AI research tools

Open in FLexlaw