DAMANTA JAMAR MURPHY
v.
STATE OF FLORIDA
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An appeal in a criminal case filed outside the time permitted by Fla. R. App. P. 9.110(b) can only proceed if the appellant first obtains a petition for belated appeal pursuant to Fla. R. App. P. 9.141(c).
[1] A criminal defendant seeking appellate review of a judgment filed outside the time period prescribed by Fla. …
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Join FLexlaw to unlock all legal intelligence“We can only permit an appeal in a criminal case outside of time permitted in rule 9.110(b) by granting a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).”
The court cited Pelham v. State to establish the controlling procedure for untimely criminal appeals.
Damanta Jamar Murphy appealed a judgment from the Circuit Court for Okaloosa County but failed to file his appeal within the time limits prescribed by…
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DISMISSED. Pelham v. State, 279 So. 3d 852, 853 (Fla. 1st DCA 2019) (“We can only permit an appeal in a criminal case outside of time permitted in rule 9.110(b) by granting a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).”). B.L. THOMAS, BILBREY, 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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Hinson v. State (Fla. 1st DCA 2024)
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Natarsha Lynett Williams v. State (Fla. 1st DCA 2023)…v. Cheney Bros. Inc., 157 So. 3d 397, 399 (Fla. 1st DCA 2015). For this reason, “it is generally insufficient for a special master to recommend a belated appeal based simply on its finding the State does not object to the petition.” Pelham v. State, 279 So. 3d 852, 854 (Fla. 1st DCA 2019). That said, “a special master can look at the pertinent facts and conclude that the lack of State’s objection is an admission to the facts as alleged in a defendant’s petition.” Id. We further indicated that “[a] special mas…
Authorities Cited
- Pelham v. State, 279 So. 3d 852 (Fla. 1st DCA 2019)