JOHN JAY LACEY
v.
STATE OF FLORIDA
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A petition for belated appeal filed more than four years after the expiration of time for filing the notice of appeal must be dismissed as untimely under Fla. R. App. P. 9.141(c)(5).
[1] Petitions for belated appeal must be filed within four years after the expiration of time for filing the notice of appeal, and failure to meet this deadline results in di…
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Join FLexlaw to unlock all legal intelligence“In no case shall a petition for belated appeal be filed more than 4 years after the expiration of time for filing the notice of appeal.”
Citation to Fla. R. App. P. 9.141(c)(5), the controlling procedural rule
Petitioner was convicted and sentenced in 2014. He filed an amended petition for belated, direct appeal more than four years after his conviction and …
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Petition for Belated Appeal—Original Jurisdiction.
August 29, 2019 PER CURIAM.
Because Petitioner filed his amended petition for a belated, direct appeal more than four years after his 2014 conviction and sentence became final, the amended petition is hereby dismissed as untimely. See Fla. R. App. P. 9.141(c)(5) (“In no case shall a petition for belated appeal be filed more than 4 years after the expiration of time for filing the notice of appeal.”).
DISMISSED.
ROBERTS, WINOKUR, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ John Jay Lacey, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.