MAYNOR MURILLO-ARGUETA
v.
STATE

Fla. 5th DCA | 2018-04-02
No. 18-921
Palmer, J., Wallis, J., Edwards, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

A petition for belated appeal may be granted to allow an appeal from an order denying post-conviction relief when timely appeal was not filed.


Headnotes

[1] A petition for belated appeal from an order denying post-conviction relief may be granted under Florida Rule of Appellate Procedure 9.141(c)(6)(D), with the appellate cou…

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Facts & Procedural History

Maynor Murillo-Argueta sought a belated appeal from a December 20, 2017 trial court order denying his amended motion for post-conviction relief in two…

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Opinion of the Court
Edwards

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

MAYNOR MURILLO-ARGUETA, Petitioner, v. Case No. 5D18-921 STATE OF FLORIDA, Respondent. ________________________________ Opinion filed April 6, 2018 Petition for Belated Appeal A Case of Original Jurisdiction. Tanya M. Dugree, Tampa, for Petitioner. No Appearance 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 December 20, 2017 order denying Petitioner’s amended motion for post-conviction relief, filed in Case Numbers 2012-3986-CF and 2013-1025-CF, in the Fifth Judicial Circuit Court in and for Marion County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

PALMER, WALLIS, and EDWARDS, JJ., concur.


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