MARK A. JONES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Petitioner's petition for belated appeal of a 2006 postconviction relief denial was denied because he failed to file within the two-year deadline and had actual knowledge of his appellate rights.
A petitioner cannot establish grounds for a belated appeal when he had actual knowledge of his appellate rights and failed to file within the two-year statutory deadline.
[1] A petitioner with actual knowledge of appellate rights and procedures cannot establish grounds for a belated appeal beyond the two-year statutory filing deadline.
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Join FLexlaw to unlock all legal intelligenceMark Jones sought a belated appeal of a May 3, 2006 order denying his Rule 3.850 postconviction relief motion, filing his petition on April 9, 2010. J…
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Petitioner, Mark Jones, seeks belated appeal of a May 3, 2006 order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. His petition was filed with this court on April 9, 2010. Although the trial court’s May 2006 denial order did not notify Jones of his right to appeal, it is clear from our records that Jones knew of his right to appeal, and of the procedure for seeking a belated appeal, long before the two-year deadline for filing a petition for belated appeal. See Fla. R.App. P. 9.141(c)(4)(A). Our records reflect that Jones filed two additional 3.850 motions after the May 2006 denial of his first motion. He appealed the order denying one of these motions, and in September 2006, filed a petition for belated appeal seeking to challenge the other subsequent denial order. There can be no doubt, then, that Jones was aware of his right to appeal the order denying his 3.850 motion in 2006. Given that fact, there is no possibility that Jones can establish any legal basis to avoid the two-year deadline for filing a petition for belated appeal directed toward the trial court’s May 3, 2006 order. Id.
PETITION DENIED WITH PREJUDICE.
MONACO, C.J., SAWAYA, and LAWSON, JJ., concur.