McMillian v. State

District Court of Appeal of Florida

McMillian v. State

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

District Court of Appeal of Florida·Decided January 23, 1991·No. No. 90-03360·Published·Cited by 1 cases

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.

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

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