ARIEL HERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The appellate court summarily affirmed the trial court's denial of the motion to extend the appeal period.
Hernandez, incarcerated after pleading guilty to murder and sexual battery, filed a petition for writ of habeas corpus which was denied. Believing he …
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Appellant Ariel Hernandez is incarcerated, having pled guilty, in 2012, to second degree murder and sexual battery. In 2015, Hernandez filed a petition for writ of habeas corpus. The trial court denied the petition in ah order rendered on July 7, 2016. Upon his recéipt of this order; Hernandez mistakenly believed that he was too late to file an appeal. Instead, Hernandez filed-a motion in the trial court to extend his-appeal period, which the'trial court denied on August 24, 2016.1 Hernandez timely appealed the trial court’s denial of this motion.
Pursuant to Florida Appellate Procedure Rule 9.315(a), we shmmarily affirm the order of the trial court. We do so without prejudice to Hernandez' filing an appropriate petition for belated appeal of *510the July 7, 2016 order. Accordingly, we deny as moot the State’s motion to dismiss.
Affirmed.
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Citator
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- Bivens v. State, 813 So. 2d 963 (Fla. 4th DCA 2002)
- Vinston Larrimore v. Moore, 813 So. 2d 963 (Fla. 1st DCA 2002)