ARTAVIOUS COTTON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-11-15
No. 5D2024-2707
Lambert, J., Eisnaugle, J., Kilbane, J.
2024 FL 13116 Florida District Court of Appeal, Fifth District (2024)

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Holding

A petition for belated appeal may be granted to allow an appeal from a postconviction relief denial when timely appeal was not perfected.


Headnotes

[1] A petition for belated appeal may be granted to permit appellate review of a trial court's order denying postconviction relief when the defendant failed to timely perfect…

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Facts & Procedural History

Artavious Cotton sought a belated appeal from a February 28, 2024 order denying his motion for postconviction relief in a criminal case from Duval Cou…

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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 be treated as the notice of appeal from the February 28, 2024 order denying defendant’s motion for postconviction relief rendered in Case No. 16-1993-CF-4491-A, in the Circuit Court in and for Duval County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

LAMBERT, EISNAUGLE, and KILBANE, JJ., concur.

____________________________

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

2


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