ROY CHRISTOPHER BARRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROY CHRISTOPHER BARRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
920 So. 2d 166
Florida District Court of Appeal, First District (2006)
Opinion of the Court
PER CURIAM.
The appellant filed a motion for postcon-viction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order without comment except to the extent that it purports to grant the appellant a belated appeal from his revocation of probation. The trial court lacked jurisdiction to grant a belated appeal. See Fla. R.App. P. 9.141(c); Lane v. State, 819 So. 2d 1011, 1012 (Fla. 1st DCA 2002). We therefore vacate that part of the order granting a belated appeal without prejudice to the appellant’s right to seek a belated appeal in this Court pursuant to Florida Rule of Appellate Procedure 9.141(c).
AFFIRMED IN PART; VACATED IN PART.
KAHN, C.J., LEWIS and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pinellas Suncoast Transit Auth. v. Indish-Militello, 819 So. 2d 1011 (Fla. 1st DCA 2002)
- Lane v. State, 819 So. 2d 1011 (Fla. 1st DCA 2002)