ANTHONY MILLER, SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTHONY MILLER, SR., APPELLANT,
STATE OF FLORIDA, APPELLEE
805 So. 2d 971
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
DAVIS, Judge.
Anthony Miller, Sr. appeals the summary denial of his petition for writ of habeas corpus in which he sought leave to file a belated Florida Rule of Criminal Procedure 3.850 motion. Because of the erroneous information provided to Miller concerning the status of his convictions and the resultant confusion, we believe that it is appropriate under these extraordinary circumstances to permit Miller to file a belated rule 3.850 motion. Accordingly, the order of the trial court denying the petition is reversed. Miller shall be permitted to file a rule 3.850 motion within sixty days of the date of the issuance of the mandate in this case, and it shall be considered timely.
Reversed
BLUE, C.J., and GREEN, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Brimage v. State, 937 So. 2d 230 (Fla. 3d DCA 2006)…n of his appeal, but the defendant was not notified until the time for filing a Rule 3.850 motion had expired. It appears that the Second District has allowed a belated appeal under circumstances like those of the present case. See Miller v. State, 805 So. 2d 971 (Fla. 2d DCA 2001) (“Because of the erroneous information provided to Miller concerning the status of his convictions and the resultant confusion, we believe that it is appropriate under these extraordinary circumstances to permit Miller to file a b…