Jones v. Moore

District Court of Appeal of Florida

Jones v. Moore

750 So. 2d 727, 2000 Fla. App. LEXIS 452, 2000 WL 51900

CourtDistrict Court of Appeal of Florida

DecidedJanuary 25, 2000

DocketNo. 1D99-3910

StatusPublished

This text of 750 So. 2d 727 (Jones v. Moore) 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

Jones v. Moore, 750 So. 2d 727, 2000 Fla. App. LEXIS 452, 2000 WL 51900 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Willie James Jones seeks a belated appeal, stating that he timely gave a notice of appeal to prison officials for mailing but the notice never reached its intended destination, the clerk of the circuit court. The state opposes the petition on authority of Alterisio v. State, 704 So.2d 164 (Fla. 5th DCA 1997). We find Alterisio distinguishable because petitioner here has made his allegations under oath and has provided evidence that he gave a document to prison officials for mailing on the day in question.

Upon consideration of the above, the petition for belated appeal of the order of September 1, 1998, denying postconviction [728]*728relief in Jackson County case numbers 88-705, 88-741, 88-881, 88-882, 88-883, 88-884, and 88-885, is granted. Upon issuance of mandate in this cause, a copy of the opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. Fla. R.App. P. 9.140(j)(5)(D).

ALLEN, WOLF and BENTON, JJ„ concur.

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PER CURIAM.

Willie James Jones seeks a belated appeal, stating that he timely gave a notice of appeal to prison officials for mailing but the notice never reached its intended destination, the clerk of the circuit court. The state opposes the petition on authority of Alterisio v. State, 704 So.2d 164 (Fla. 5th DCA 1997). We find Alterisio distinguishable because petitioner here has made his allegations under oath and has provided evidence that he gave a document to prison officials for mailing on the day in question.

Upon consideration of the above, the petition for belated appeal of the order of September 1, 1998, denying postconviction [728]*728relief in Jackson County case numbers 88-705, 88-741, 88-881, 88-882, 88-883, 88-884, and 88-885, is granted. Upon issuance of mandate in this cause, a copy of the opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. Fla. R.App. P. 9.140(j)(5)(D).

ALLEN, WOLF and BENTON, JJ„ concur.

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Bluebook (online)

750 So. 2d 727, 2000 Fla. App. LEXIS 452, 2000 WL 51900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-moore-fladistctapp-2000.

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