JOHNNY PRESTON ATKINSON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2026-07-02
No. 2026-1808
Makar, J., Soud, J., Kilbane, J.
2026 FL 8294 Florida District Court of Appeal, Fifth District (2026)

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Holding

A petition for belated appeal may be granted and treated as notice of appeal from the underlying judgment.


Headnotes

[1] An appellate court may grant a petition for belated appeal and treat the resulting opinion as notice of appeal from the trial court judgment pursuant to Florida Rule of A…

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Facts & Procedural History

Johnny Preston Atkinson sought a belated appeal from a judgment and sentence rendered on April 10, 2025, in the Circuit Court for Putnam County, Flori…

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 5D2026-1808 LT Case No. 54-2024-CF-549-A

JOHNNY PRESTON ATKINSON, Petitioner,

V.

STATE OF FLORIDA, Respondent.

Petition for Belated Appeal. A Case of Original Jurisdiction.

Matthew J. Metz, Public Defender, and Jordan Ordway Ackley, Assistant Public Defender, Palatka, for Petitioner.

No Appearance for Respondent.

PER CURIAM.

July 2, 2026

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 April 10, 2025 judgment and sentence rendered in Case No. 54-2024-CF-549-A, in the Circuit Court in and for Putnam County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

MAKAR, SOUD, and KILBANE, JJ., concur.


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