TATE
v.
STATE

Fla. 5th DCA | 2018-03-02
No. Case No. 5D17–3562
Hendry, Hubbart, Pearson
237 So. 3d 1172 Florida District Court of Appeal, Fifth District (2018)

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Holding

A petition for belated appeal may be granted where timely appeal was not previously filed, and the filing of the court's opinion serves as notice of appeal.


Headnotes

[1] A petition for belated appeal may be granted, and the appellate court's opinion granting such petition, when filed with the trial court, serves as notice of appeal from t…

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Facts & Procedural History

Cory A. Tate sought a belated appeal from October 16, 2015 judgments and sentences imposed in a criminal case in Orange County Circuit Court.…

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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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