Padilla v. State

162 So. 3d 1101, 2015 Fla. App. LEXIS 5592, 2015 WL 1740870

Opinion

KHOUZAM, Judge.

Ricardo Padilla challenges the order partially denying and partially granting his motion to correct illegal sentence. Padilla’s notice of appeal is untimely as to this postconviction order. See Taylor v. State, 140 So.3d 526, 528 (Fla.2014) (“[A]n order disposing of a postconviction motion which partially denies and partially grants relief is a final order for purposes of appeal, even if the relief granted requires subsequent action in the underlying case, such as resentencing.”). However, we conclude that Padilla is entitled to a belated appeal because the postconviction court incorrectly advised Padilla to file his notice of appeal within 30 days of resentencing and Padilla apparently relied on the postcon-viction court’s instructions, filing his notice of appeal within that time frame. Ultimately, we affirm the denial of Padilla’s claim without comment.

Affirmed.

CASANUEVA and CRENSHAW, JJ., Concur.