JOHN K. POLK, JR., PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Subido, 925 So. 2d 1052 (Fla. 5th DCA 2006)
  …ion 943.0435 is unconstitutional. We disagree because this issue has already been decided. See Milks v. State, 894 So. 2d 924 (Fla.2005); Hanson v. State, 905 So. 2d 1036 (Fla. 5th DCA 2005), rev. den., 917 So. 2d 193 (Fla.2005); Linderman v. State, 884 So. 2d 498 (Fla. 5th DCA 2004); Johnson v. State, 875 So. 2d 1281 (Fla. 5th DCA 2004); Martin v. State, 864 So. 2d 589 (Fla. 5th DCA 2004); Miller v. State, 861 So. 2d 1283 (Fla. 5th DCA 2004); Garcia v. State, 909 So. 2d 971, 972 (Fla. 3d DCA 2005); Smith v.…
• Valencia Byrd v. State, 916 So. 2d 926 (Fla. 1st DCA 2005)
  …l court failed to advise petitioner of her right to appeal at the time sentence was imposed. Accordingly, we grant the petition and direct that petitioner be afforded a belated appeal in Duval County case number 16-CF-1994-001783. See Polk v. State, 884 So. 2d 498 (Fla. 5th DCA 2004); Bowden v. Singletary, 805 So. 2d 812 (Fla. 3d DCA 1999). Upon issuance of mandate in this cause, a copy of the opinion will be provided to the clerk of the lower tribunal, who shall treat it as a notice of appeal. Fla. R.App. P.…
• Sage v. State, 888 So. 2d 730 (Fla. 5th DCA 2004)
  …entitled to relief because the trial court’s order did not include a statement that Sage had the right to appeal within 30 days, as required by Florida Rule of Criminal Procedure 3.850(g). We grant the petition for belated appeal. See Polk v. State, 884 So. 2d 498, 29 Fla. L. Weekly D2247 (Fla. 5th DCA Oct.8, 2004); Bowden v. Singletary, 805 So. 2d 812 (Fla. 3d DCA 1999). This opinion shall be filed with the trial court and will be treated as the notice of appeal in Volusia County Circuit Case CRC03-30582CF…

Authorities Cited

• Bowden v. Singletary, 805 So. 2d 812 (Fla. 3d DCA 1999)
• Ojeda v. Moore, 805 So. 2d 812 (Fla. 3d DCA 2000)