RENALDO DEVON MCGIRTH
v.
STATE OF FLORIDA

Fla. 5th DCA | 2026-09-04
No. 2026-2226
Jay, C.J., Wallis, J., Soud, J.
2026 FL 11595 Florida District Court of Appeal, Fifth District (2026)

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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 when filed within the applicable time period.


Headnotes

[1] An appellate court opinion granting a petition for belated appeal may be treated as the notice of appeal when filed in compliance with Florida Rule of Appellate Procedure…

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Facts & Procedural History

Renaldo Devon McGirth sought a belated appeal from a July 14, 2024 judgment and sentence rendered in a criminal case in Marion County Circuit Court.…

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Opinion of the Court

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 5D2026-2226 LT Case No. 42-2006-CF-2999-A

RENALDO DEVON MCGIRTH, Petitioner,

V.

STATE OF FLORIDA, Respondent.

Petition for Belated Appeal. A Case of Original Jurisdiction.

Renaldo Devon McGirth, Century, pro se.

James Uthmeier, Attorney General, Tallahassee, and Daniel P. Caldwell, Assistant Attorney General, Daytona Beach, for Respondent.

September 4, 2026

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 14, 2024 judgment and sentence rendered in Case No. 42-2006-CF-2999-A, in the Circuit Court in and for Marion County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

JAY, C.J., and WALLIS and SOUD, JJ., concur.


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