ZACHARY CROCTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
THOMPSON, J.
Petitioner Zachary Crocton seeks a belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j). He alleges that after he was tried by a jury and convicted, he asked his court appointed attorney to appeal his judgment and sentence for burglary. Crocton’s attorney admits that Crocton asked him to file the appeal and it was overlooked. The state responds that it does not have a good faith basis on which to dispute petitioner’s claim. See Denson v. State, 710 So. 2d 144 (Fla. 5th DCA 1998). The petition for belated appeal is granted without the need for an evidentiary hearing. See State v. Trowell, 739 So. 2d 77, 24 Fla. L. Weekly S235 (Fla.1999). This order shall be filed with the circuit court and treated as Crocton’s notice of appeal. See Fla. R.App. P 9.140(j)(5)(D).
PETITION GRANTED.
ANTOON, C.J. and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ashley v. State, 845 So. 2d 1008 (Fla. 5th DCA 2003)…Relief might also be appropriate by filing a petition for habeas corpus to seek a belated appeal pursuant to Rule 9.141. See Johnson v. State, 813 So. 2d 230 (Fla. 1st DCA 2002); Green v. State, 804 So. 2d 474 (Fla. 5th DCA 2002); Crocton v. State, 743 So. 2d 1188 (Fla. 5th DCA 1999); Richardson v. State, 624 So. 2d 804 (Fla. 1st DCA 1993). Based on this record we have no recourse but to dismiss Ashley’s appeal for lack of jurisdiction without prejudice to seek a belated appeal. DISMISSED. SAWAYA and PLEUS…
Authorities Cited
- State v. Trowell, 739 So. 2d 77 (Fla. 1999)
- Denson v. State, 710 So. 2d 144 (Fla. 5th DCA 1998)