KINGCADE v. State

District Court of Appeal of Florida

KINGCADE v. State

6 So. 3d 1272, 2009 Fla. App. LEXIS 2918, 2009 WL 937156

District Court of Appeal of Florida·Decided April 9, 2009·No. 5D09-613·Published

Opinion

PER CURIAM.

We grant John Kingcade’s Petition for Writ of Habeas Corpus, seeking a belated appeal. The order denying Kingcade’s motion for postconviction relief failed to advise him that he had a right to appeal the order within thirty days of its rendition. See Fla. R.Crim. P. 3.850(g); Lewis v. State, 606 So.2d 767 (Fla. 4th DCA 1992).

A copy of this opinion will be filed with the lower court and be treated as the notice of appeal from the order denying postconviction relief in Case No. 00-2493-CF-A-X in the Circuit Court in and for Marion County. See Fla. R.App. P. 9.141(c)(5)(D).

WRIT GRANTED.

ORFINGER, TORPY and COHEN, JJ., concur.

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PER CURIAM.

We grant John Kingcade’s Petition for Writ of Habeas Corpus, seeking a belated appeal. The order denying Kingcade’s motion for postconviction relief failed to advise him that he had a right to appeal the order within thirty days of its rendition. See Fla. R.Crim. P. 3.850(g); Lewis v. State, 606 So.2d 767 (Fla. 4th DCA 1992).

A copy of this opinion will be filed with the lower court and be treated as the notice of appeal from the order denying postconviction relief in Case No. 00-2493-CF-A-X in the Circuit Court in and for Marion County. See Fla. R.App. P. 9.141(c)(5)(D).

WRIT GRANTED.

ORFINGER, TORPY and COHEN, JJ., concur.

KINGCADE v. State, 6 So. 3d 1272, 2009 Fla. App. LEXIS 2918, 2009 WL 937156 (Fla. Ct. App. 2009).

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Opinion

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