VALENCIA BYRD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2005-11-30
No. 1D05-3185
DAVIS, BROWNING and LEWIS, JJ., concur.
916 So. 2d 926 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial 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. 9.141(c)(5)(D). Counsel shall be appointed to represent petitioner in the appeal if she qualifies for such an appointment.

PETITION GRANTED.

DAVIS, BROWNING and LEWIS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Parker v. Parker, 950 So. 2d 388 (Fla. 2007)
    …BELL, J. We have for review Parker v. Parker, 916 So. 2d 926 (Fla. 4th DCA 2005), in which the Fourth District Court of Appeal certified conflict with the First District Court of Appeal’s decision in M.A.F. v. G.L.K., 573 So. 2d 862 (Fla. 1st DCA 1990).1 The conflict issue is whether a wife’s misrepresentatio…
  • Walters v. Kirby Blankenship, 931 So. 2d 137 (Fla. 5th DCA 2006)
    …f law. In- conducting this review, we must confíne ourselves to the four corners of the complaint and accept all allegations in the complaint as true. We are not free to speculate as to what may indeed be true or ultimately proven. Parker v. Parker, 916 So. 2d 926 (Fla. 4th DCA 2005); Cintron v. Osmose Wood Preserving, Inc., 681 So. 2d 859 (Fla. 5th DCA 1996). The facts of this ease as set forth in the Walters’ complaint are as follows: The Walters owned four luxury condominium [*139] units and the defendant…
  • Romero v. Aurora Romero, 959 So. 2d 333 (Fla. 3d DCA 2007)
    …contexts. See, e.g., D.F. v. Dep’t of Revenue ex rel. L.F., 823 So. 2d 97, 100 (Fla.2002)(recognizing the need for finality of judgments and recognizing Rule 1.540 as the avenue by which to challenge final judgments of paternity); Parker v. Parker, 916 So. 2d 926, 933-34 (Fla. 4th DCA 2005) (recognizing in a paternity dispute that “[mjany courts state there is an overriding need for finality of judgments in this area”) (citations omitted). “Once the litigation is terminated and the time for appeal has run, t…

Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw