LAWRENCE SIMPKINS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
LAWRENCE SIMPKINS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
807 So. 2d 826
Florida District Court of Appeal, Fifth District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Lawrence Simpkins requests a belated appeal because he failed to receive the October 10, 2001 order denying his motion for post-conviction relief until December 11, 2001.
The State investigated the mail logs at the prison in which Simpkins is incarcerated and confirmed that Simpkins received no legal mail in October and November, 2001. Accordingly, we grant the request for the belated appeal and this opinion shall be filed with the lower tribunal and treated as the notice of appeal.
PETITION GRANTED.
HARRIS, PETERSON and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Diresta v. State, 860 So. 2d 1052 (Fla. 5th DCA 2003)…h admirable candor has pointed out that the prison mail supervisor confirmed that Mr. Diresta, in fact, received no legal mail in June, July or August 2001, thus supporting his claim that he did not receive the contested order. In Simpkins v. State, 807 So. 2d 826 (Fla. 5th DCA 2002), we held that a criminal defendant is entitled to a belated appeal when the State’s investigation of prison mail logs confirms that the defendant received no legal mail during the relevant 2 months. Accordingly, Mr. Diresta is en…