TIMOTHY D. LESTER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
TIMOTHY D. LESTER, PETITIONER,
STATE OF FLORIDA, RESPONDENT
906 So. 2d 358
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Timothy D. Lester petitions for a belated appeal of his resentencing on 12 November 2004. Petitioner argues that he wanted to appeal and was deprived of his right to appeal through no fault of his own. The respondent concedes that there is no dispute that the petitioner was deprived of his right to appeal. Accordingly, we grant the petition. A copy of this opinion shall be provided to the Clerk of the Circuit Court for Marion County, who shall treat it as a timely notice of appeal in accordance with Florida Rule of Appellate Procedure 9.141(c)(5)(D).
PETITION GRANTED.
SHARP, W, THOMPSON and MONACO, J.J., concur.
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State v. Felix, 942 So. 2d 5 (Fla. 5th DCA 2006)…ts a question of law that is reviewable using a de novo standard. See Pagan v. State, 830 So. 2d 792 (Fla.2002), cert. denied, 539 U.S. 919, 123 S.Ct. 2278, 156 L.Ed.2d 137 (2003); State v. Paige, 934 So. 2d 595 (Fla. 5th DCA 2006); Martin v. State, 906 So. 2d 358 (Fla. 5th DCA 2005). Using that standard, and giving, as we must, “great deference” to the issuing judge’s determination that probable cause existed (provided there is a substantial basis for the determination), we conclude that the trial court erre…
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State v. Paige, 934 So. 2d 595 (Fla. 5th DCA 2006)…the state established probable cause prior to obtaining a search warrant is a question of law subject to de novo review. Pagan v. State, 830 So. 2d 792 (Fla.2002), cert. denied, 539 U.S. 919, 123 S.Ct. 2278, 156 L.Ed.2d 137 (2003); Martin v. State, 906 So. 2d 358 (Fla. 5th [*597] DCA 2005). Thus this court looks only at the four corners of the affidavit to determine if, based on the totality of the circumstances and a common sense assessment, probable cause is shown. Id. Here the affidavit presented suffici…
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