JULIUS MCGRIFF, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court granted McGriff's petition for a belated appeal of a resentencing order where he was absent from the proceedings and lacked timely notice of the order's entry.
A belated appeal of a resentencing order may be granted when the petitioner was not present at resentencing and did not receive timely notice of the order's entry.
[1] A belated appeal of a resentencing order may be granted when the appellant was absent from the resentencing proceedings and did not receive timely notice of the order's e…
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Join FLexlaw to unlock all legal intelligenceJulius McGriff sought a belated appeal of a resentencing order entered on May 18, 2001, in Gadsden County Circuit Court. McGriff was not present at th…
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PER CURIAM.
Julius McGriff seeks a belated appeal of a resentencing order, complaining that he was not present for the resentencing proceedings and did not timely receive notice of the entry of that order. McGriff further alleges in his sworn petition that he was unaware of the existence of the order until he received a notice of appeal by which the state invoked this court’s jurisdiction to review the subject order. We issued an order to show cause, and in apparent response, the state moves to consolidate this proceeding and its pending appeal.
We surmise from the state’s motion that it has no objection to the granting of a belated appeal. Accordingly, the petition for belated appeal of the resentencing order entered on or about May 18, 2001, in Gadsden County Circuit Court case number 87-768CFA, 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. See 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. The state’s motion to consolidate is denied without prejudice to the filing of an amended motion once the belated appeal has been docketed before this court.
ERVIN, DAVIS and VAN NORTWICK, JJ., concur.
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McGRIFF v. State (Fla. 1st DCA 2007)…(Fla. 1st DCA 2000). On remand, the trial court entered an amended judgment and sentence reflecting that Appellant’s life sentence was no longer an habitual felony offender sentence. Both parties appealed the trial court’s action. McGriff v. State, 796 So. 2d 1207 (Fla. 1st DCA 2001); State v. McGriff, 819 So. 2d 817 (Fla. 1st DCA 2002). During the pen-dency of the appeal, Appellant filed a rule 3.800(b)(2) motion to correct sentencing errors; the trial court granted the motion [*2] and vacated Appellant’s li…