CURTIS LEE MACK, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-07-12
No. 19-1880
Wallis, J., Eisnaugle, J., Grosshans, J.
275 So. 3d 827 Florida District Court of Appeal, Fifth District (2019)

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Holding

A petition for belated appeal may be granted and the appellate opinion itself may serve as the notice of appeal to the trial court.


Headnotes

[1] An appellate court opinion granting a petition for belated appeal may be filed with the trial court and treated as the notice of appeal from the underlying judgment.

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Facts & Procedural History

Curtis Lee Mack, Jr. sought a belated appeal from a March 11, 2019 judgment and sentence rendered in a criminal case in Marion County Circuit Court.…

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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

CURTIS LEE MACK, JR.,

Petitioner,

v. Case No. 5D19-1880

STATE OF FLORIDA,

Respondent. ________________________________/

Opinion filed July 12, 2019

Petition for Belated Appeal A Case of Original Jurisdiction.

Michael Graves, Public Defender, and Joshua Woodard, Assistant Public Defender, Ocala, 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 March 11, 2019 judgment and sentence rendered in Case No. 2018-CF-1487, in the Circuit Court in and for Marion County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

WALLIS, EISNAUGLE and GROSSHANS, JJ., concur.


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