Gunn v. State

District Court of Appeal of Florida

Gunn v. State

721 So. 2d 1251, 1998 Fla. App. LEXIS 16052, 1998 WL 889505

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 1998

DocketNo. 98-2888

StatusPublished

Cited by1 cases

This text of 721 So. 2d 1251 (Gunn 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

Gunn v. State, 721 So. 2d 1251, 1998 Fla. App. LEXIS 16052, 1998 WL 889505 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Appellant appeals the summary denial of his motion to correct illegal sentence. The trial court did not have jurisdiction to extend the time within which appellant could file his notice of appeal, even though appellant claimed that the order of denial did not reach him within the thirty-day period after entry of the order of denial. However, this court has the jurisdiction to grant a belated appeal, see Fla. RApp. P. 9.140(j)(l), and on consideration of appellant’s sworn petition for belated appeal filed with this court and the state’s concession that it could not show why appellant’s petition for belated appeal should not be granted, we grant the belated appeal and affirm.

STONE, C.J., GROSS, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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PER CURIAM.

Appellant appeals the summary denial of his motion to correct illegal sentence. The trial court did not have jurisdiction to extend the time within which appellant could file his notice of appeal, even though appellant claimed that the order of denial did not reach him within the thirty-day period after entry of the order of denial. However, this court has the jurisdiction to grant a belated appeal, see Fla. RApp. P. 9.140(j)(l), and on consideration of appellant’s sworn petition for belated appeal filed with this court and the state’s concession that it could not show why appellant’s petition for belated appeal should not be granted, we grant the belated appeal and affirm.

STONE, C.J., GROSS, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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Bluebook (online)

721 So. 2d 1251, 1998 Fla. App. LEXIS 16052, 1998 WL 889505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunn-v-state-fladistctapp-1998.

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