CORY A. TATE
v.
STATE

Fla. 5th DCA | 2018-02-26
No. 5D17-3562
Florida District Court of Appeal, Fifth District (2018)

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Holding

A petition for belated appeal from a criminal judgment may be granted, and the appellate opinion can serve as notice of appeal to the trial court.


Headnotes

[1] Under Florida Rules of Appellate Procedure 9.141(c)(6)(D), an appellate court opinion granting a petition for belated appeal may be filed with the trial court and treated…

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Facts & Procedural History

Cory A. Tate sought a belated appeal from judgments and sentences imposed on October 16, 2015 in Case No. 2014-CF-003479-A-O in Orange County Circuit …

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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 CORY A. TATE, Petitioner, v. Case No. 5D17-3562 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed March 2, 2018 Petition for Belated Appeal A Case of Original Jurisdiction.

Cory A. Tate, Wewahitchka, 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 October 16, 2015 judgments and sentences in Case No. 2014-CF-003479-A-O, in the Circuit Court in and for Orange County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED. BERGER, WALLIS and LAMBERT, JJ., concur.


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