THOMAS S. BAKER, PETITIONER,
v.
HARRY K. SINGLETARY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
THOMAS S. BAKER, PETITIONER,
HARRY K. SINGLETARY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
720 So. 2d 314
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
By petition seeking belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j), petitioner asserts that he was not timely provided with a copy of the December 13, 1996, order which denied his motion for postconviction relief in Duval County case number 90-13387-CF. 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.
BARFIELD, C.J., and ALLEN and WEBSTER, JJ., concur.
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Adams v. State, 734 So. 2d 1086 (Fla. 1st DCA 1999)…WEBSTER and LAWRENCE, JJ., concur. . This is true whether the appeal is from a judgment and sentence or from an order denying a motion for postconviction relief. See, e.g., Pompey v. State, 707 So. 2d 1188 (Fla. 1st DCA 1998); Baker v. Singletary, 720 So. 2d 314 (Fla. 1st DCA 1998). Although there is case law stating that postconviction proceedings are civil in nature, see e.g., State v. White, 470 So. 2d 1377 (Fla.1985), the Florida Supreme Court has held that Florida Rule of Civil Procedure 1.540 is not a…