JAMES CLARK, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2004-08-18
No. 1D04-2246
ERVIN, ALLEN and HAWKES, JJ., concur.
881 So. 2d 40 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 2 cases
Topics
Belated Appeal Ineffective Assistance Of Counsel

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition filed with this court in May 2004, James Clark seeks a belated appeal of a 1999 judgment and sentence imposed upon revocation of probation. Recognizing that he has sought relief well outside of the two year time frame contemplated by Florida Rule of Appellate Procedure 9.141(c)(4)(A), Clark alleges that his trial counsel misadvised him that he could not appeal until certain other pending charges had been resolved. According to the materials filed by Clark and this court’s records, proceedings concerning the other charges were concluded in December 2001 and timely notices of appeal concerning those cases were filed in January 2002. Thus, accepting Clark’s allegations as true, he knew or should have known by no later than January 2002 that a timely notice of appeal had not been filed with respect to the 1999 judgment and sentence. Because more than two years then elapsed before he sought relief, we conclude that Clark’s petition for belated appeal is procedurally barred, and deny it on that basis. Compare Snell v. State, 849 So. 2d 1139 (Fla. 1st DCA 2003).

PETITION FOR BELATED APPEAL DENIED.

ERVIN, ALLEN and HAWKES, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Baca v. State (Fla. 1st DCA 2021)
    …ould not have ascertained such facts by the exercise of reasonable diligence. In no case shall a petition for belated appeal be filed more than 4 years after the expiration of time for filing the notice of appeal.”) (emphasis added); Clark v. State, 881 So. 2d 40 (Fla. 1st DCA 2004) (denying petition for belated appeal as procedurally barred where court records revealed that petitioner knew or should have known within two-year window that a timely notice of appeal had not been filed). Accordingly, this C…
  • Mendelson v. State (Fla. 1st DCA 2021)
    …PER CURIAM. DISMISSED. See Fla. R. App. P. 9.141(c)(5)(A); Clark v. State, 881 So. 2d 40 (Fla. 1st DCA 2004). LEWIS, WINOKUR, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Jason Mendelson, pro se…

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