JUAN LEON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-07-12
No. 19-1429
Evander, C.J., Edwards, J., Grosshans, J.
275 So. 3d 828 Florida District Court of Appeal, Fifth District (2019) Positive Treatment
Cited by 2 cases

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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 within the applicable time period.

Headnotes

[1] An appellate court may grant a petition for belated appeal and treat its opinion as the notice of appeal when authorized by the Florida Rules of Appellate Procedure.

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Facts & Procedural History

Juan Leon sought a belated appeal from a July 13, 2017 judgment and sentence rendered in a criminal case in Marion County Circuit Court.…

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Topics
Petition For Belated Appeal Original Jurisdiction Notice Of Appeal

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Opinion of the Court
Petition Granted. Evander

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

JUAN LEON,

Petitioner,

v. Case No. 5D19-1429

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed July 12, 2019

Petition for Belated Appeal A Case of Original Jurisdiction.

Rachael E. Reese, O’Brien Hatfield P.A., Tampa, for Petitioner.

Ashley Moody, 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 July 13, 2017 judgment and sentence rendered in Case No. 2016-CF-1054, in the Circuit Court in and for Marion County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

EVANDER, C.J. and EDWARDS and GROSSHANS, JJ., concur.

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