JOSHUA I. MARTINEZ
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-03-08
No. 24-0274
2024 FL 2672 Florida District Court of Appeal, Fifth District (2024)

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Holding

A petition for belated appeal shall be granted when timely filed according to applicable appellate rules.


Headnotes

[1] A petition for belated appeal from an order denying postconviction relief may be treated as notice of appeal when granted by the appellate court.

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Facts & Procedural History

Martinez sought a belated appeal from a December 7, 2023 trial court order denying his motion for postconviction relief in a criminal case.…

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Opinion of the Court

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 December 7, 2023 order denying Petitioner’s motion for postconviction relief rendered in Case No. 2013-102539-CFDL, in the Circuit Court in and for Volusia County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

MAKAR, JAY, and KILBANE, JJ., concur.


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