VINCENT CHARO
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-06-04
No. 18-0574
244 So. 3d 425 Florida District Court of Appeal, First District (2018)

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Holding

A petition for belated appeal is dismissed when the same arguments regarding a competency order are properly raised in a timely appeal in a related case.


Headnotes

[1] A petition for belated appeal must be dismissed when identical arguments are properly available for review in a timely appeal in a related case.

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Facts & Procedural History

Vincent Charo sought to belatedly appeal a competency order. A timely appeal of the same competency order was pending in case number 1D18-0601.…

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Opinion of the Court

Petition for Belated Appeal—Original Jurisdiction.

June 4, 2018 PER CURIAM.

Any arguments related to the competency order that Petitioner seeks to belatedly appeal in this proceeding are properly raised in the timely appeal in case number 1D18-0601. Accordingly, the petition for belated appeal is hereby dismissed. WETHERELL, RAY, and OSTERHAUS, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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