ALBERTO ARREOLA-ALBARRANA
v.
STATE

Fla. 5th DCA | 2018-10-15
No. 18-3083
Torpy, J., Eisnaugle, J., Grosshans, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

A petition for belated appeal from a trial court's order denying post-conviction relief may be granted to allow the appeal to proceed.


Headnotes

[1] A petition for belated appeal from a trial court's order denying post-conviction relief may be granted under Florida Rule of Appellate Procedure 9.141(c)(6)(D).

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Facts & Procedural History

Petitioner Alberto Arreola-Alba sought a belated appeal from a July 31, 2018 order denying his motion for post-conviction relief in a criminal case fr…

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Opinion of the Court
Grosshans

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

ALBERTO ARREOLA-ALBA,

Petitioner,

v. Case No. 5D18-3083

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed October 19, 2018

Petition for Belated Appeal A Case of Original Jurisdiction.

James S. Purdy, Public Defender, Daytona Beach, and John M. Sheldon, Assistant Public Defender, Daytona Beach, 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 July 31, 2018 order denying Petitioner’s motion for post-conviction relief filed in Case No. 1999-34822- CFAES Judicial Circuit Court in and for Volusia County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

TORPY, EISNAUGLE and GROSSHANS, JJ., concur.


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