JORGE FRANCISCO PORTO-SIERRA
v.
STATE OF FLORIDA
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A petitioner seeking a belated appeal must demonstrate a right to such relief, and mere lack of access to a law library is insufficient justification for failure to timely file a notice of appeal.
[1] A petitioner seeking a belated appeal must affirmatively demonstrate a right to such relief; lack of access to a law library does not constitute sufficient justification…
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Join FLexlaw to unlock all legal intelligence“we do not believe that access to a law library is necessary to prepare and transmit a simple notice of appeal”
Court's reasoning for denying belated appeal petition, citing Jordan v. State, 549 So. 2d 805, 806 (Fla. 1st DCA 1989)
Jorge Francisco Porto-Sierra, proceeding pro se, filed a petition for belated appeal in the Fifth District Court of Appeal.…
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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
JORGE FRANCISCO PORTO-SIERRA, Petitioner, v. Case No. 5D21-1550 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed July 23, 2021 Petition for Belated Appeal, A Case of Original Jurisdiction. Jorge Porto-Sierra, Crestview, pro se. No Appearance for Respondent.
PER CURIAM.
The petition for belated appeal is denied on the merits. See Jordan v. State, 549 So. 2d 805, 806 (Fla. 1st DCA 1989) (finding that the appellant failed to demonstrate a right to a belated appeal as “[w]e do not believe that access to a law library is necessary to prepare and transmit a simple notice of appeal”).
2
PETITION DENIED.
LAMBERT, C.J., COHEN and SASSO, JJ., concur.