RYAN POOLE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-01-19
No. 23-3770
2024 FL 718 Florida District Court of Appeal, Fifth District (2024)

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Holding

A petition for belated appeal may be granted when timely filed, and the appellate court opinion serves as constructive notice of appeal from the underlying order.


Headnotes

[1] A petition for belated appeal may be granted where timely filed, and the appellate court opinion shall be treated as notice of appeal from the underlying order being appe…

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Facts & Procedural History

Ryan Poole filed a motion for postconviction relief in his 2016 criminal case, which was denied by the trial court on November 27, 2023. Poole subsequ…

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Opinion of the Court

January 19, 2024 PER CURIAM.

The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and treated as the notice of appeal from the November 27, 2023 order denying defendant’s motion for postconviction relief rendered in Case No. 2016-CF-3390, in the Circuit Court in and for Marion County, Florida. See Fla. R. App. P. 9.141(c)(6)(D). PETITION GRANTED.

JAY, KILBANE, and MACIVER, JJ., concur.

____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________


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