RYAN POOLE
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-03-08
No. 24-0238
2024 FL 2670 Florida District Court of Appeal, Fifth District (2024)

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Holding

A petition for belated appeal may be granted when the petitioner seeks to appeal a postconviction relief decision that was not timely appealed.


Headnotes

[1] A petition for belated appeal may be granted to allow a criminal defendant to appeal a trial court's denial of postconviction relief, and such petition shall be treated a…

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Facts & Procedural History

Ryan Poole filed a petition for belated appeal from a November 27, 2023 order in which the trial court denied his motion for postconviction relief in …

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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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