BAKER
v.
STATE

Fla. 5th DCA | 2018-02-09
No. Case No. 5D17–4116
Bowling, Hawkins, Lee
236 So. 3d 503 Florida District Court of Appeal, Fifth District (2018)

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Holding

A petition for belated appeal shall be granted when timely filed and the appellate court treats the opinion as notice of appeal from the trial court's order.


Headnotes

[1] An appellate court may grant a petition for belated appeal and treat its opinion as constructive notice of appeal from the trial court's decision.

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Facts & Procedural History

Elton Lee Baker, Sr., filed a petition for writ of habeas corpus in Sumter County Circuit Court in 2017, which was denied by order dated February 21, …

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Opinion of the Court

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ELTON LEE BAKER, SR., Petitioner, v. Case No. 5D17-4116 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed February 9, 2018 Petition for Belated Appeal A Case of Original Jurisdiction.

Elton Lee Baker, Sr., Lowell, pro se.

Pamela Jo Bondi, Attorney General Tallahassee, and, Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM. The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the February 21, 2017 order denying Petitioner’s petition for writ of habeas corpus, filed pursuant to Florida

Rule of Criminal Procedure 3.850(m), in Case No. 2017-CA-69 in the Circuit Court in and for Sumter County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED. COHEN, C.J., BERGER and LAMBERT, JJ., concur.


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