DARRYL THOMAS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2007-09-26
No. 3D05-2492
Before COPE and GREEN, JJ., and SCHWARTZ, Senior Judge.
965 So. 2d 362 Florida District Court of Appeal, Third District (2007) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The order now before us is affirmed without prejudice to the appellant to file a motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.853.


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  • Gary v. State, 5 So. 3d 713 (Fla. 1st DCA 2009)
    …for extension of time to seek rehearing. That being the case, petitioner has failed to establish that he is entitled to a belated appeal. PETITION SEEKING BELATED APPEAL DENIED. HAWKES, C.J., KAHN and WEBSTER, JJ., concur. . In Whittey v. State, 965 So. 2d 362 (Fla. 2d DCA 2007), the court correctly pointed out that our brief opinion in Daniels did not address the discretion of a postconviction court to act in matters of this kind. That such discretion exists and is exercised on the basis of facts and cir…
  • Pinestraw v. State, 238 So. 3d 918 (Fla. 1st DCA 2018)
    …er . . . .” And “[g]ood cause is ‘a substantial reason, one that affords a legal excuse, or a cause moving the court to its conclusion, not arbitrary or contrary to all the evidence, and not . . . [a] hardship on petitioner.” Whittey v. State, 965 So. 2d 362, 363 (Fla. 2d DCA 2007) (quoting 7 State v. Boyd, 846 So. 2d 458, 460 (Fla. 2003)) (emphasis in original). In reviewing a trial court’s decision to deny an extension of time to file a rule 3.850 motion, this Court has noted that “[b]ecause…

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