Henderson v. State

District Court of Appeal of Florida

Henderson v. State

838 So. 2d 660, 2003 Fla. App. LEXIS 2407, 2003 WL 554503

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 2003

DocketNo. 5D02-3441

StatusPublished

This text of 838 So. 2d 660 (Henderson 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

Henderson v. State, 838 So. 2d 660, 2003 Fla. App. LEXIS 2407, 2003 WL 554503 (Fla. Ct. App. 2003).

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Opinion

SHARP, W., J.

Henderson seeks a belated appeal from the trial court’s denial of his petition for writ of habeas corpus. He claims he submitted a timely notice of appeal and after inquiring as to its status has not received a response. We deny the petition because the allegations contained therein do not show that the time is ripe for seeking a belated appeal.

Henderson alleged he submitted his notice of appeal in a timely manner but has received no response. He must first obtain notification from the circuit court that no notice of appeal was received; he cannot presume his notice of appeal was not delivered. Until the status of his appeal is established, his request for a belated appeal is premature.

[661]*661Petition for Belated Appeal DENIED Without Prejudice to Refile Based on Response of Circuit Court.

ORFINGER and MONACO, JJ., concur.

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SHARP, W., J.

Henderson seeks a belated appeal from the trial court’s denial of his petition for writ of habeas corpus. He claims he submitted a timely notice of appeal and after inquiring as to its status has not received a response. We deny the petition because the allegations contained therein do not show that the time is ripe for seeking a belated appeal.

Henderson alleged he submitted his notice of appeal in a timely manner but has received no response. He must first obtain notification from the circuit court that no notice of appeal was received; he cannot presume his notice of appeal was not delivered. Until the status of his appeal is established, his request for a belated appeal is premature.

[661]*661Petition for Belated Appeal DENIED Without Prejudice to Refile Based on Response of Circuit Court.

ORFINGER and MONACO, JJ., concur.

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Bluebook (online)

838 So. 2d 660, 2003 Fla. App. LEXIS 2407, 2003 WL 554503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-state-fladistctapp-2003.