Bates v. State

District Court of Appeal of Florida

Bates v. State

776 So. 2d 1054, 2001 Fla. App. LEXIS 941, 2001 WL 85662

Procedural entryThis page is a short order in Bates v. State. Read the opinion of the Court — 818 So. 2d 626 →

District Court of Appeal of Florida·Decided February 2, 2001·No. No. 1D00-3930·Published

Opinion

PER CURIAM.

Gerald Lynn Bates timely seeks belated appeal from an order which denied his motion for postconviction relief. According to Bates, he timely moved for rehearing of the order denying the Rule 3.850 motion but did not receive notice that rehearing had been denied until after the time had expired for the timely filing of a notice of appeal. These allegations are made under oath and are supported by copies of prison mail logs. The State of Florida responds that, under the circumstances, it has no objection to the granting of a belated appeal.

The petition for belated appeal of the order of the Circuit Court for Duval County denying postconviction relief in that [1055]*1055court’s case number 89-15064-CFA is therefore granted. Upon issuance of mandate in this cause, a copy of the opinion shall be provided to the clerk of the lower tribunal for treatment as a notice of appeal. Fla.R.App.P. 9.141(c)(5)(D).

PETITION GRANTED.

ERVIN, WOLF, and PADOVANO, JJ, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Gerald Lynn Bates timely seeks belated appeal from an order which denied his motion for postconviction relief. According to Bates, he timely moved for rehearing of the order denying the Rule 3.850 motion but did not receive notice that rehearing had been denied until after the time had expired for the timely filing of a notice of appeal. These allegations are made under oath and are supported by copies of prison mail logs. The State of Florida responds that, under the circumstances, it has no objection to the granting of a belated appeal.

The petition for belated appeal of the order of the Circuit Court for Duval County denying postconviction relief in that [1055]*1055court’s case number 89-15064-CFA is therefore granted. Upon issuance of mandate in this cause, a copy of the opinion shall be provided to the clerk of the lower tribunal for treatment as a notice of appeal. Fla.R.App.P. 9.141(c)(5)(D).

PETITION GRANTED.

ERVIN, WOLF, and PADOVANO, JJ, concur.

Bates v. State, 776 So. 2d 1054, 2001 Fla. App. LEXIS 941, 2001 WL 85662 (Fla. Ct. App. 2001).

Pincite

776 So. 2d 1054 (Bates v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.