Barry v. State

District Court of Appeal of Florida

Barry v. State

920 So. 2d 166, 2006 Fla. App. LEXIS 1419, 2006 WL 264074

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 2006

DocketNo. 1D05-4348

StatusPublished

This text of 920 So. 2d 166 (Barry v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barry v. State, 920 So. 2d 166, 2006 Fla. App. LEXIS 1419, 2006 WL 264074 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

The appellant filed a motion for postcon-viction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order without comment except to the extent that it purports to grant the appellant a belated appeal from his revocation of probation. The trial court lacked jurisdiction to grant a belated appeal. See Fla. R.App. P. 9.141(c); Lane v. State, 819 So.2d 1011, 1012 (Fla. 1st DCA 2002). We therefore vacate that part of the order granting a belated appeal without prejudice to the appellant’s right to seek a belated appeal in this Court pursuant to [167]*167Florida Rule of Appellate Procedure 9.141(c).

AFFIRMED IN PART; VACATED IN PART.

KAHN, C.J., LEWIS and POLSTON, JJ., concur.

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PER CURIAM.

The appellant filed a motion for postcon-viction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order without comment except to the extent that it purports to grant the appellant a belated appeal from his revocation of probation. The trial court lacked jurisdiction to grant a belated appeal. See Fla. R.App. P. 9.141(c); Lane v. State, 819 So.2d 1011, 1012 (Fla. 1st DCA 2002). We therefore vacate that part of the order granting a belated appeal without prejudice to the appellant’s right to seek a belated appeal in this Court pursuant to [167]*167Florida Rule of Appellate Procedure 9.141(c).

AFFIRMED IN PART; VACATED IN PART.

KAHN, C.J., LEWIS and POLSTON, JJ., concur.

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Bluebook (online)

920 So. 2d 166, 2006 Fla. App. LEXIS 1419, 2006 WL 264074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barry-v-state-fladistctapp-2006.

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