EARL L. SUTTON, JR.
v.
STATE
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A petition for belated appeal may be granted to allow an appellant to pursue an appeal from an order denying post-conviction relief when timely appeal was not filed.
[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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Join FLexlaw to unlock all legal intelligenceSutton filed a pro se second amended motion for post-conviction relief in a criminal case in the Seventh Judicial Circuit Court in Volusia County. The…
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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
EARL LEE SUTTON, JR.,
Petitioner,
v. Case No. 5D18-1259
STATE OF FLORIDA,
Respondent. ________________________________/
Opinion filed July 13, 2018
Petition for Belated Appeal A Case of Original Jurisdiction.
Earl Lee Sutton, Carrabelle, pro se.
Pamela Jo Bondi, Attorney General Tallahassee, and, Marjorie Vincent-Tripp, Assistant Attorney General, Daytona Beach, 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 April 17, 2017 order denying Petitioner’s pro se second amended motion for post-conviction relief, filed in Case No. 2009-191-CFAWS in the Seventh Judicial Circuit Court in and for Volusia County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).
PETITION GRANTED.
COHEN, C.J., BERGER and EDWARDS, JJ., concur.