McMillian v. State

District Court of Appeal of Florida

McMillian v. State

573 So. 2d 965, 1991 Fla. App. LEXIS 441, 1991 WL 6327

CourtDistrict Court of Appeal of Florida

DecidedJanuary 23, 1991

DocketNo. 90-03360

StatusPublished

Cited by1 cases

This text of 573 So. 2d 965 (McMillian 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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McMillian v. State, 573 So. 2d 965, 1991 Fla. App. LEXIS 441, 1991 WL 6327 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Michael McMillian appeals the summary denial of his motion for postconviction relief. While the notice of appeal is clearly untimely, McMillian has alleged facts which, if true, would entitle him to belated appellate review. See State ex rel. Shevin v. District Court of Appeal, Third District, 316 So.2d 50 (Fla.1975). Turning to the merits of the motion, we agree with the trial court that McMillian has failed to set forth a prima facie showing of his entitlement to relief. Accordingly, the order of the circuit court is hereby affirmed.

FRANK, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.

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PER CURIAM.

Michael McMillian appeals the summary denial of his motion for postconviction relief. While the notice of appeal is clearly untimely, McMillian has alleged facts which, if true, would entitle him to belated appellate review. See State ex rel. Shevin v. District Court of Appeal, Third District, 316 So.2d 50 (Fla.1975). Turning to the merits of the motion, we agree with the trial court that McMillian has failed to set forth a prima facie showing of his entitlement to relief. Accordingly, the order of the circuit court is hereby affirmed.

FRANK, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.

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573 So. 2d 965, 1991 Fla. App. LEXIS 441, 1991 WL 6327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillian-v-state-fladistctapp-1991.

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