LUCAS ANTHONY ROBERTS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-08-07
No. 18-1888
249 So. 3d 1327 Florida District Court of Appeal, First District (2018)

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Holding

A petition for belated appeal of the order dismissing an amended motion for postconviction relief must be denied when petitioner does not establish the requisite entitlement to a belated appeal.


Headnotes

[1] A petitioner seeking belated appellate review must establish entitlement by presenting appropriate facts demonstrating compliance with the procedural requirements of Flor…

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Facts & Procedural History

Petitioner Lucas Anthony Roberts, acting pro se, sought a belated appeal of an order dismissing his amended motion for postconviction relief rendered …

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Opinion of the Court

Petition for Belated Appeal—Original Jurisdiction.

August 7, 2018 PER CURIAM.

The petition for belated appeal seeking an appeal of the order dismissing defendant’s amended motion for postconviction relief, rendered January 23, 2018, is denied on the merits. Insofar as Petitioner appears to also seek a belated appeal of the denial of his original motion for postconviction relief, this disposition is without prejudice to Petitioner filing a separate petition for belated appeal, which shall include appropriate facts constituting entitlement to a belated appeal of this order. See Fla. R. App. P. 9.141(c)(4)(F).

WETHERELL, BILBREY, and M.K. THOMAS, JJ., concur.

2

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


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