Callwood v. State

District Court of Appeal of Florida

Callwood v. State

917 So. 2d 410, 2006 Fla. App. LEXIS 46, 2006 WL 26192

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 2006

DocketNo. 5D05-3798

StatusPublished

This text of 917 So. 2d 410 (Callwood 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

Callwood v. State, 917 So. 2d 410, 2006 Fla. App. LEXIS 46, 2006 WL 26192 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Shorn K. Callwood filed a petition with this court seeking a belated appeal of the trial court’s order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Callwood’s petition alleges that he is entitled to receive a belated appeal because the trial court’s order did not inform him of his right to appeal within 30 days. The State of Florida commendably concedes that Callwood’s request for a belated appeal should be granted since both the rule and case law require that a defendant be informed of his right to appeal. See Fla. R.Crim. P. 3.850(g); Wray v. State, 690 So.2d 687 (Fla. 5th DCA 1997).

PETITION GRANTED.

SAWAYA, PALMER and ORFINGER, JJ., concur.

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PER CURIAM.

Shorn K. Callwood filed a petition with this court seeking a belated appeal of the trial court’s order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Callwood’s petition alleges that he is entitled to receive a belated appeal because the trial court’s order did not inform him of his right to appeal within 30 days. The State of Florida commendably concedes that Callwood’s request for a belated appeal should be granted since both the rule and case law require that a defendant be informed of his right to appeal. See Fla. R.Crim. P. 3.850(g); Wray v. State, 690 So.2d 687 (Fla. 5th DCA 1997).

PETITION GRANTED.

SAWAYA, PALMER and ORFINGER, JJ., concur.

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Bluebook (online)

917 So. 2d 410, 2006 Fla. App. LEXIS 46, 2006 WL 26192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callwood-v-state-fladistctapp-2006.

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