ARMANDO J. DOCTOR
v.
STATE

Fla. 5th DCA | 2018-10-01
No. 18-2565
Torpy, J., Berger, 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 to the trial court.

Headnotes

[1] An appellate court may grant a petition for belated appeal and treat its opinion as notice of appeal to the trial court under Florida Rule of Appellate Procedure 9.141(c)…

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Facts & Procedural History

Doctor sought a belated appeal from a judgment and sentence rendered on May 4, 2018, in the Ninth Judicial Circuit Court in Orange County, Florida.…

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Topics
Petition For Belated Appeal Original Jurisdiction Appellate Procedure Notice Of Appeal

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Opinion of the Court
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 Armando

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

ARMANDO J. DOCTOR,

Petitioner,

v. Case No. 5D18-2565

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed October 5, 2018

Petition for Belated Appeal A Case of Original Jurisdiction.

Robert Wesley, Public Defender, and Javier Chavez, 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 May 4, 2018, judgment and sentence rendered in Case No. 2017-CF-1731-O, in the Ninth Judicial Circuit Court in and for Orange County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

TORPY, BERGER and EISNAUGLE, JJ., concur.

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