XAVIER A. JOHNSON
v.
STATE

Fla. 5th DCA | 2018-05-28
No. 18-1587
Sawaya, J., Edwards, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

A petition for belated appeal may be granted and the appellate opinion itself may serve as notice of appeal when filed timely with the trial court.


Headnotes

[1] A petition for belated appeal may be granted by designating the appellate court's opinion as the notice of appeal to be filed with the trial court pursuant to Florida Rul…

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Facts & Procedural History

Johnson sought a belated appeal from a January 29, 2018 order denying his motion for postconviction relief in a criminal case.…

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Opinion of the Court
Eisnaugle

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

XAVIER ARSENIO JOHNSON,

Petitioner,

v. Case No. 5D18-1587

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed June 1, 2018

Petition for Belated Appeal A Case of Original Jurisdiction.

Robert Wesley, Public Defender, Orlando and Robert Thompson Adams, Assistant Public Defender, Orlando, 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 January 29, 2018 order denying motion for postconviction relief rendered in Case No. 12-CF-005009-A-O, in the Circuit Court in and for Orange County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

SAWAYA, EDWARDS and EISNAUGLE, JJ., concur.


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