STEPHEN WAMLEY
v.
STATE OF FLORIDA

Fla. 5th DCA | 2018-12-28
No. 18-3838
Cohen, C.J., Torpy, J., Wallis, J.
260 So. 3d 1181 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 direct that its opinion be filed with the trial court and treated as notice of appeal pursuant to Florida R…

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Facts & Procedural History

Wamley sought a belated appeal from a trial court's October 2, 2018 order denying his motion for postconviction relief in a criminal case.…

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Opinion of the Court
Petition Granted. Cohen

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

STEPHEN WAMLEY,

Petitioner,

v. Case No. 5D18-3838

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed December 28, 2018

Petition for Belated Appeal A Case of Original Jurisdiction.

Rachael E. Reese, O'Brien Hatfield, P.A., 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 October 2, 2018 order denying Petitioner’s motion for postconviction relief, filed in Case No. 2013-CF-2600 in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

COHEN, C.J., TORPY and WALLIS, JJ., concur.


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