JULIA JANE BALKOM, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2009-08-12
No. 1D09-2325
KAHN, BENTON, and VAN NORTWICK, JJ., concur.
15 So. 3d 946 Florida District Court of Appeal, First District (2009) Caution
Cited by 12 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition is granted and Julia Bal-kom is hereby afforded a belated appeal from judgment and sentence entered in case number 2006CF1475 in the Circuit Court for Escambia County. Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the circuit court, with directions that it be treated as a notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). The circuit court is directed to appoint counsel to represent petitioner in the appeal if she qualifies for such an appointment.

PETITION GRANTED.

KAHN, BENTON, and VAN NORTWICK, JJ., concur.


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Cited By (12 total)

  • …process, which is a departure from a clearly established principle of law. To properly preserve an issue for appellate review, a litigant must make a timely, specific, contemporaneous objection. See § 90.104(1), Fla. Stat. (2010); State v. Calvert, 15 So. 3d 946, 948 (Fla. 4th DCA 2009). As a general rule, “[a]n error not raised in the brief is waived.” Ramos v. Philip Morris Cos., 743 So. 2d 24, 29 (Fla. 3d DCA 1999) (citing Chaachou v. Chaachou, 135 So. 2d 206, 221 (Fla.1961); Lesperance v. Lesperance, 25…
  • State v. Valera, 75 So. 3d 330 (Fla. 4th DCA 2011)
    …ption to the contemporaneous objection rule applies where the error is fundamental. For example, ‘[ijllegal sentences necessarily constitute fundamental error, and may therefore be challenged for the first time on direct appeal.’ ” State v. Calvert, 15 So. 3d 946, 949 (Fla. 4th DCA 2009) (citations omitted). The trial court erred by sentencing appellee to a sentence below the minimum mandatory in contravention of section 948.06(2)(b), Florida Statutes. That statute provides: “If probation or community contr…
  • State v. Currilly, 126 So. 3d 1244 (Fla. 1st DCA 2013)
    …below because the error is not “basic to the judicial decision under review and equivalent to a denial of due process.” Hopkins v. State, 632 So. 2d 1372, 1374 (Fla.1994) (quoting State v. Johnson, 616 So. 2d 1, 3 (Fla.1993)); cf. State v. Calvert, 15 So. 3d 946, 950 (Fla. 4th DCA 2009) (Warner, J. concurring specially) (stating that the erroneous withholding of adjudication without the required written reasons creates an unauthorized judgment, but not an illegal judgment, and does not appear to be fundamen…

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