MALCOLM NEVILLE PETERSON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2026-06-26
No. 2026-1589
Lambert, J., Edwards, J., Kilbane, J.
2026 FL 7976 Florida District Court of Appeal, Fifth District (2026)

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Holding

A petition for belated appeal is granted when timely filed, and the appellate opinion serves as notice of appeal from the trial court's re-sentence.


Headnotes

[1] A petition for belated appeal may be granted under Florida Rule of Appellate Procedure 9.141(c)(6)(D), and the appellate court's opinion granting the petition serves as n…

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Facts & Procedural History

Malcolm Neville Peterson sought a belated appeal from a re-sentence imposed on January 14, 2025, in a criminal case originally filed in 2012 in Volusi…

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 5D2026-1589 LT Case No. 2012-033598-CFAES

MALCOLM NEVILLE PETERSON,

Petitioner,

V.

STATE OF FLORIDA,

Respondent.

Petition for Belated Appeal. A Case of Original Jurisdiction.

Malcolm Neville Peterson, Ocala, pro se. James Uthmeier, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Respondent.

June 26, 2026

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 re-sentence imposed on January 14, 2025 rendered in Case No. 2012-033598-CFAES, in the Circuit Court in and for Volusia County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

LAMBERT, EDWARDS, and KILBANE, JJ., concur.


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