Denny v. Singletary

District Court of Appeal of Florida

Denny v. Singletary

697 So. 2d 1309, 1997 Fla. App. LEXIS 9465, 1997 WL 473664

CourtDistrict Court of Appeal of Florida

DecidedAugust 20, 1997

DocketNo. 97-0985

StatusPublished

This text of 697 So. 2d 1309 (Denny v. Singletary) 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

Denny v. Singletary, 697 So. 2d 1309, 1997 Fla. App. LEXIS 9465, 1997 WL 473664 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

Kalvin Denny, an incarcerated pro se petitioner, seeks a writ of habeas corpus for purposes of filing a belated appeal of the trial court’s order denying his motion for relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. Respondent concedes, and we agree, that petitioner is entitled to such relief because petitioner did not receive, in a timely fashion, a copy of the trial court’s denial of his motion. See Hildebrand v. Singletary, 666 So.2d 274 (Fla. 4th DCA 1996); Nava v. State, 652 So.2d 1264 (Fla. 4th DCA 1995); Everett v. Singletary, 603 So.2d 117 (Fla. 4th DCA 1992); Ferrell v. Music, 484 So.2d 595 (Fla. 4th DCA 1985).

Accordingly, we grant the petition for ha-beas corpus, allow the belated appeal, and as provided by Florida Rule of Appellate Procedure 9.140(j)(5)(D), direct this court’s opinion to be filed with the lower tribunal and treated as the notice of appeal.

STONE, C.J., and PARIENTE and SHAHOOD, JJ., concur.

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

PER CURIAM.

Kalvin Denny, an incarcerated pro se petitioner, seeks a writ of habeas corpus for purposes of filing a belated appeal of the trial court’s order denying his motion for relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. Respondent concedes, and we agree, that petitioner is entitled to such relief because petitioner did not receive, in a timely fashion, a copy of the trial court’s denial of his motion. See Hildebrand v. Singletary, 666 So.2d 274 (Fla. 4th DCA 1996); Nava v. State, 652 So.2d 1264 (Fla. 4th DCA 1995); Everett v. Singletary, 603 So.2d 117 (Fla. 4th DCA 1992); Ferrell v. Music, 484 So.2d 595 (Fla. 4th DCA 1985).

Accordingly, we grant the petition for ha-beas corpus, allow the belated appeal, and as provided by Florida Rule of Appellate Procedure 9.140(j)(5)(D), direct this court’s opinion to be filed with the lower tribunal and treated as the notice of appeal.

STONE, C.J., and PARIENTE and SHAHOOD, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

697 So. 2d 1309, 1997 Fla. App. LEXIS 9465, 1997 WL 473664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denny-v-singletary-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack