STEVEN NATHAN TOLAND
v.
STATE OF FLORIDA

Fla. 5th DCA | 2022-07-22
No. 21-2515
Davidson, J., Wallis, J., Edwards, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2022)

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Holding

The trial court's judgment is affirmed without prejudice for the appellant to timely file a Motion for Post-Conviction Relief if he can do so in good faith.


Headnotes

[1] An appellate affirmance may be entered without prejudice to allow a defendant to file a Motion for Post-Conviction Relief if he can do so in good faith.

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Facts & Procedural History

Steven Nathan Toland appealed a criminal conviction from the Circuit Court for Brevard County.…

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Opinion of the Court
Eisnaugle

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

STEVEN NATHAN TOLAND, Appellant, v. Case No. 5D21-2515 LT Case No. 05-2017-CF-016635-A-X STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 22, 2022 Appeal from the Circuit Court for Brevard County, Lisa Davidson, Judge. Matthew J. Metz, Public Defender, Daytona Beach, and Betty Wyatt, Assistant Public Defender, Daytona Beach, for Appellant. Steven Nathan Toland, Graceville, pro se. Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Footnotes
2 We affirm without prejudice for Appellant to timely file a Motion for Post- Conviction Relief if he can do so in good faith. WALLIS, EDWARDS and EISNAUGLE, JJ., concur.

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