Fountaine v. State

District Court of Appeal of Florida

Fountaine v. State

855 So. 2d 1240, 2003 Fla. App. LEXIS 15387, 2003 WL 22331305

CourtDistrict Court of Appeal of Florida

DecidedOctober 14, 2003

DocketNo. 1D03-2942

StatusPublished

This text of 855 So. 2d 1240 (Fountaine 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

Fountaine v. State, 855 So. 2d 1240, 2003 Fla. App. LEXIS 15387, 2003 WL 22331305 (Fla. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

In light of the state’s concession that fault for the dismissal of his direct appeal cannot be attributed to petitioner, the petition seeking belated appeal is granted. Petitioner’s appeal in case number 1D01-3559 is hereby reinstated. The court notes that in accordance with the lower tribunal’s order of December 10, 2001, the Office of the Public Defender, Eighth Judicial Circuit, has been appointed to represent petitioner in that appeal. In addition, inasmuch as it is apparent from the attachments to the petition for belated appeal that the original notice of appeal was timely filed, the order to show cause concerning the timeliness of the appeal, issued September 4, 2001, in case number 1D01-3559, is hereby discharged.

PETITION GRANTED; APPEAL REINSTATED.

ERVIN, ALLEN and LEWIS, JJ., concur.

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PER CURIAM.

In light of the state’s concession that fault for the dismissal of his direct appeal cannot be attributed to petitioner, the petition seeking belated appeal is granted. Petitioner’s appeal in case number 1D01-3559 is hereby reinstated. The court notes that in accordance with the lower tribunal’s order of December 10, 2001, the Office of the Public Defender, Eighth Judicial Circuit, has been appointed to represent petitioner in that appeal. In addition, inasmuch as it is apparent from the attachments to the petition for belated appeal that the original notice of appeal was timely filed, the order to show cause concerning the timeliness of the appeal, issued September 4, 2001, in case number 1D01-3559, is hereby discharged.

PETITION GRANTED; APPEAL REINSTATED.

ERVIN, ALLEN and LEWIS, JJ., concur.

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Bluebook (online)

855 So. 2d 1240, 2003 Fla. App. LEXIS 15387, 2003 WL 22331305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fountaine-v-state-fladistctapp-2003.