RICHARD POTTER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Richard Potter seeks a belated appeal from an order which denied his motion for postconviction relief. He states under oath that he gave his notice of appeal to prison officials for mailing in a timely manner but it was mishandled by those officials or lost in the mail, as the clerk of the circuit court shows no indication that it was ever received. The state expresses no objection to the granting of relief.
Accordingly, the petition for belated appeal from the order of the Circuit Court for Dixie County, dated June 3, 1999, which denied Potter’s postconviction motion in case number 96-26-CF, is granted. Upon issuance of mandate in this cause, a copy of this opinion shall be provided-to the clerk of the circuit court to be treated as a notice of appeal. Fla.R.App.P. 9.141(c)(5)(D).
BARFIELD, C.J., ALLEN and BROWNING, JJ., concur.
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Johnson v. State, 831 So. 2d 1239 (Fla. 1st DCA 2002)…al and the other documents were received by the Office of the Attorney General but, for reasons unknown, the notice of appeal was not received by the trial court clerk. We find that petitioner has shown entitlement to relief under Potter v. State, 781 So. 2d 1149 (Fla. 1st DCA 2001). Accordingly, the petition for belated appeal from the order of July 19, 2002, which denied Johnson’s motion to correct illegal sentence and petition for writ of habeas corpus in case number 93-5837-CF-A, is [*1240] granted. Upon…
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Ralf J. Panitz v. State, 198 So. 3d 1050 (Fla. 2d DCA 2016)…002); Harris v. State, 111 So. 2d 994 (Fla. 2d DCA 2000); Dorsett [*1051] v. State, 166 So. 3d 898 (Fla. 4th DCA 2016); Fernandez v. State, 910 So. 2d 352 (Fla. 3d DCA 2005); Williams v. State, 907 So. 2d 1224 (Fla. 5th DCA 2005); At-water v. State, 781 So. 2d 1149 (Fla. 5th DCA 2001); Thomas v. State, 778 So. 2d 429 (Fla. 5th DCA 2001). CASANUEVA, KHOUZAM, and MORRIS, JJ., Concur.…
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