GREENE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-08-07
No. 2023-3354
Thomas, B.L., J., Roberts, J., Kelsey, J.
2024 FL 9448 Florida District Court of Appeal, First District (2024)

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Holding

Lack of access to a prison law library is not necessary to prepare and transmit a simple notice of appeal and does not demonstrate a right to a belated appeal.


Headnotes

[1] Access to a prison law library is not necessary to prepare and transmit a simple notice of appeal, and therefore lack of such access does not constitute grounds for relie…

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Key Quotes

“access to a prison law library is not 'necessary to prepare and transmit a simple notice of appeal' and lack of that access did not demonstrate 'a right to [a] belated appeal'”

Court's citation to Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989)

Facts & Procedural History

Greene, an inmate proceeding pro se, petitioned for a belated appeal in the First District Court of Appeal.…

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Opinion of the Court
Kelsey

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2023-3354 _____________________________

JEFFERY GREENE,

Petitioner,

v.

STATE OF FLORIDA,

Respondent. _____________________________

Petition for Belated Appeal—Original Jurisdiction.

August 7, 2024

PER CURIAM.

DENIED. See Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989) (holding that access to a prison law library is not “necessary to prepare and transmit a simple notice of appeal” and lack of that access did not demonstrate “a right to [a] belated appeal”).

B.L. THOMAS, ROBERTS, and KELSEY, JJ., concur. _____________________________

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

2 Jeffery Greene, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.


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