Joyce v. State

District Court of Appeal of Florida

Joyce v. State

864 So. 2d 1292, 2004 Fla. App. LEXIS 1536, 29 Fla. L. Weekly Fed. D 410

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 2004

DocketNo. 5D03-4136

StatusPublished

Cited by1 cases

This text of 864 So. 2d 1292 (Joyce 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.

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Joyce v. State, 864 So. 2d 1292, 2004 Fla. App. LEXIS 1536, 29 Fla. L. Weekly Fed. D 410 (Fla. Ct. App. 2004).

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Opinion

THOMPSON, J.

Pursuant to Florida Rule of Appellate Procedure 9.141(c), Darrin Joyce seeks a belated appeal of his conviction for aggravated fleeing and eluding, and resisting arrest without violence. In his sworn petition, he alleged that he instructed his attorney to file an appeal contesting the denial of his motion for discharge. The state responds that it contacted Joyce’s trial attorney, who “confirmed” Joyce requested an appeal, but that it was not filed. The state does not dispute Joyce requested an appeal or that a belated appeal should be granted. State v. Trowell, 739 So.2d 77, 81 (Fla.1999).

The petition for belated appeal is granted. A copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. Fla. R.App. P. 9.141(e)(5)(D).

The Petition for Belated Appeal is GRANTED.

SHARP, W., and TORPY, JJ., concur.

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THOMPSON, J.

Pursuant to Florida Rule of Appellate Procedure 9.141(c), Darrin Joyce seeks a belated appeal of his conviction for aggravated fleeing and eluding, and resisting arrest without violence. In his sworn petition, he alleged that he instructed his attorney to file an appeal contesting the denial of his motion for discharge. The state responds that it contacted Joyce’s trial attorney, who “confirmed” Joyce requested an appeal, but that it was not filed. The state does not dispute Joyce requested an appeal or that a belated appeal should be granted. State v. Trowell, 739 So.2d 77, 81 (Fla.1999).

The petition for belated appeal is granted. A copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. Fla. R.App. P. 9.141(e)(5)(D).

The Petition for Belated Appeal is GRANTED.

SHARP, W., and TORPY, JJ., concur.

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Bluebook (online)

864 So. 2d 1292, 2004 Fla. App. LEXIS 1536, 29 Fla. L. Weekly Fed. D 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joyce-v-state-fladistctapp-2004.

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