Schreffler v. State

District Court of Appeal of Florida

Schreffler v. State

154 So. 3d 1216, 2015 Fla. App. LEXIS 566, 2015 WL 233049

CourtDistrict Court of Appeal of Florida

DecidedJanuary 20, 2015

DocketNo. 1D14-3835

StatusPublished

This text of 154 So. 3d 1216 (Schreffler 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.

Bluebook

Schreffler v. State, 154 So. 3d 1216, 2015 Fla. App. LEXIS 566, 2015 WL 233049 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

To the extent it seeks a belated appeal of the May 2014 order denying petitioner’s motion for postconviction relief, the amended petition for belated appeal fails to articulate any specific facts demonstrating an entitlement to a belated appeal of that order, and is therefore legally insufficient. To the extent the amended petition seeks a belated appeal of petitioner’s September 2010 judgment and sentence, it is untimely pursuant to Florida Rule of Appellate Procedure 9.141(c)(5)(A), and petitioner has failed to allege sufficient facts to avoid that procedural bar. Accordingly, the petition seeking belated appeal is DENIED.

ROBERTS, RAY, and MAKAR, JJ., concur.

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PER CURIAM.

To the extent it seeks a belated appeal of the May 2014 order denying petitioner’s motion for postconviction relief, the amended petition for belated appeal fails to articulate any specific facts demonstrating an entitlement to a belated appeal of that order, and is therefore legally insufficient. To the extent the amended petition seeks a belated appeal of petitioner’s September 2010 judgment and sentence, it is untimely pursuant to Florida Rule of Appellate Procedure 9.141(c)(5)(A), and petitioner has failed to allege sufficient facts to avoid that procedural bar. Accordingly, the petition seeking belated appeal is DENIED.

ROBERTS, RAY, and MAKAR, JJ., concur.

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Bluebook (online)

154 So. 3d 1216, 2015 Fla. App. LEXIS 566, 2015 WL 233049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schreffler-v-state-fladistctapp-2015.