DAVIS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-04-03
No. 2023-1594
2024 FL 3628 Florida District Court of Appeal, First District (2024)

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Holding

Allegations of limited access to a prison law library are insufficient to demonstrate a right to file a belated appeal.


Headnotes

[1] Limited access to a prison law library does not, standing alone, establish a sufficient basis for granting a petition for belated appeal.

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Facts & Procedural History

Barry Trynell Davis Jr., a pro se petitioner incarcerated in Florida, filed a petition for belated appeal. He alleged limited access to the prison law…

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Opinion of the Court

Petition for Belated Appeal—Original Jurisdiction.

April 3, 2024 PER CURIAM.

The petition for belated appeal is denied. Petitioner’s allegations of limited access to the prison law library are insufficient to demonstrate a right to a belated appeal. See Jordan v. State, 549 So. 2d 805, 806 (Fla. 1st DCA 1989). ROBERTS, KELSEY, and WINOKUR, 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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