Canavan v. State

District Court of Appeal of Florida

Canavan v. State

891 So. 2d 641, 2005 Fla. App. LEXIS 662, 2005 WL 176638

Procedural entryThis page is a short order in Canavan v. State. Read the opinion of the Court — 842 So. 2d 306 →

District Court of Appeal of Florida·Decided January 28, 2005·No. No. 5D04-3864·Published

Opinion

PER CURIAM.

Jay C. Canavan has filed a petition seeking a belated appeal alleging that he requested his trial counsel to file an appeal of the July 30, 2003, resentencing order, but one was never filed. In its response, the Attorney General relates that it contacted Canavan’s trial counsel, who had no independent recollection of the case. The Attorney General candidly acknowledges that since it is unable in good faith to dispute Canavan’s allegations, Canavan is entitled to receive a belated appeal. See Denson v. State, 710 So.2d 144 (Fla. 5th DCA 1998). Accordingly, we grant Cana-van’s petition for a belated appeal.

PETITION GRANTED.

PALMER, ORFINGER and TORPY, JJ., concur.

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PER CURIAM.

Jay C. Canavan has filed a petition seeking a belated appeal alleging that he requested his trial counsel to file an appeal of the July 30, 2003, resentencing order, but one was never filed. In its response, the Attorney General relates that it contacted Canavan’s trial counsel, who had no independent recollection of the case. The Attorney General candidly acknowledges that since it is unable in good faith to dispute Canavan’s allegations, Canavan is entitled to receive a belated appeal. See Denson v. State, 710 So.2d 144 (Fla. 5th DCA 1998). Accordingly, we grant Cana-van’s petition for a belated appeal.

PETITION GRANTED.

PALMER, ORFINGER and TORPY, JJ., concur.

Canavan v. State, 891 So. 2d 641, 2005 Fla. App. LEXIS 662, 2005 WL 176638 (Fla. Ct. App. 2005).

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