CARL LEE BLACKMON
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-04-29
No. 19-0868
Wojcik, J. ~ Dissenting Opinion by Cosgrove, J.
Florida District Court of Appeal, First District (2019)

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Holding

A petition for belated appeal is dismissed as moot when the petitioner has already obtained timely appellate review of the same orders in another case.


Headnotes

[1] A petition for belated appeal is rendered moot when the petitioner has already obtained timely appellate review of the same orders through a properly filed notice of appe…

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Facts & Procedural History

Blackmon sought a belated appeal of a June 28, 2017 order dismissing postconviction motions and a July 12, 2017 order prohibiting pro se filings. He h…

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Opinion of the Court

Petition for Belated Appeal—Original Jurisdiction.

April 29, 2019 PER CURIAM.

The petition for belated appeal is dismissed as moot. The Court notes that Petitioner filed a timely notice of appeal in case 1D17-3452, seeking review of both the June 28, 2017, order dismissing Petitioner’s postconviction motions and the July 12, 2017, order prohibiting further pro se filings, and this Court affirmed the orders in case 1D17-3452.

LEWIS, WETHERELL, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Carl Lee Blackmon, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.


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