Sage v. State

District Court of Appeal of Florida

Sage v. State

888 So. 2d 730, 2004 Fla. App. LEXIS 18825, 2004 WL 2827243

District Court of Appeal of Florida·Decided December 10, 2004·No. No. 5D04-3438·Published·Cited by 1 cases

Opinion

THOMPSON, J.

Charles E. Sage has filed a petition for belated appeal pursuant to Florida Rule of [731] Appellate Procedure 9.140®. The state concedes that Sage is entitled to relief because the trial court’s order did not include a statement that Sage had the right to appeal within 30 days, as required by Florida Rule of Criminal Procedure 3.850(g). We grant the petition for belated appeal. See Polk v. State, 884 So.2d 498, 29 Fla. L. Weekly D2247 (Fla. 5th DCA Oct.8, 2004); Bowden v. Singletary, 805 So.2d 812 (Fla. 3d DCA 1999).

This opinion shall be filed with the trial court and will be treated as the notice of appeal in Volusia County Circuit Case CRC03-30582CFAES.

SAWAYA, C.J., and PALMER, J., concur.

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THOMPSON, J.

Charles E. Sage has filed a petition for belated appeal pursuant to Florida Rule of [731] Appellate Procedure 9.140®. The state concedes that Sage is entitled to relief because the trial court’s order did not include a statement that Sage had the right to appeal within 30 days, as required by Florida Rule of Criminal Procedure 3.850(g). We grant the petition for belated appeal. See Polk v. State, 884 So.2d 498, 29 Fla. L. Weekly D2247 (Fla. 5th DCA Oct.8, 2004); Bowden v. Singletary, 805 So.2d 812 (Fla. 3d DCA 1999).

This opinion shall be filed with the trial court and will be treated as the notice of appeal in Volusia County Circuit Case CRC03-30582CFAES.

SAWAYA, C.J., and PALMER, J., concur.

Sage v. State, 888 So. 2d 730, 2004 Fla. App. LEXIS 18825, 2004 WL 2827243 (Fla. Ct. App. 2004).

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Opinion

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