JOHN JEROME CRUMITIE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JOHN JEROME CRUMITIE, PETITIONER,
STATE OF FLORIDA, RESPONDENT
794 So. 2d 694
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The petition for writ of habeas corpus for belated appeal is granted. Petitioner shall be allowed a belated appeal from the December 22, 1999, order denying defendant’s motion for postconviction relief in Jefferson County case number 93-161-CF. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as the notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.
PETITION GRANTED.
PADOVANO, LEWIS and POLSTON, JJ., concur.
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Crumitie v. State, 842 So. 2d 271 (Fla. 1st DCA 2003)…which it attached a copy of this exchange, appellant filed a Motion for Rehearing, which the trial court denied. Appellant subsequently filed a Petition for Writ of Habeas Corpus for a Belated Appeal, which this Court granted. See Crumitie v. State, 794 So. 2d 694 (Fla. 1st DCA 2001). This appeal followed. For this Court to uphold the trial court’s summary denial of the claims raised in a rule 3.850 motion, the claims must be either facially invalid or conclusively refuted by the record. See Peede v. State,…