JAMES ARRON KELLY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JAMES ARRON KELLY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
740 So. 2d 1260
Florida District Court of Appeal, Fifth District (1999)
Positive Treatment
Cited by 3 cases
Opinion of the Court
HARRIS, J.
Because Kelly was not properly advised of his right to appeal, we agree he is entitled to a belated appeal. However, reviewing the record herein, we are convinced that a summary disposition is appropriate and thus affirm. One of Kelly’s claims should have been raised on direct appeal and was not; the other claim was unsuccessfully raised on direct appeal. His appeal is without merit.
PETITION GRANTED. JUDGMENT AFFIRMED.
COBB and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Holley v. State, 859 So. 2d 568 (Fla. 5th DCA 2003)…l not be granted when writ, if issued, would prove unavailing). Under similar circumstances, this court has allowed a belated appeal when the trial court has issued an order which is not in compliance with rule 3.850(g). See, e.g., Kelly v. State, 740 So. 2d 1260 (Fla. 5th DCA 1999); Wray v. State, 690 So. 2d 687 (Fla. 5th DCA 1997); Lewis v. State, 678 So. 2d 484 (Fla. 5th DCA 1996). See also Vlacos v. State, 730 So. 2d 864 (Fla. 1st DCA 1999). Accordingly, we elect to treat Holley’s petition for writ of…
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Muldrow v. State, 787 So. 2d 159 (Fla. 2d DCA 2001)…quested privileged information. Because we conclude that the information requested in interrogatory number nine is in fact protected by work product privilege, Muldrow may obtain relief by way of certiorari. See, e.g., Winn-Dixie Stores v. Freeland, 740 So. 2d 1260 (Fla. 5th DCA 1999) (granting a petition for writ of certiorari and quashing the order of the trial court which compelled disclosure of privileged work product documents). Interrogatory number nine, as modified by the circuit court’s written order,…
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Delroy K. Young v. State, 2 So. 3d 1097 (Fla. 5th DCA 2009)…PER CURIAM. We treat Young’s notice of appeal as a petition for belated appeal because the trial court failed to advise Young of the time limit for filing an appeal. Kelly v. State, 740 So. 2d 1260 (Fla. 5th DCA 1999). We grant the petition for belated appeal but find that there is no merit to Young’s substantive arguments. [*1098] Petition for Belated Appeal GRANTED; Order AFFIRMED. PALMER, C.J., EVANDER and COHEN, JJ., concur.…