Sims v. State

District Court of Appeal of Florida

Sims v. State

740 So. 2d 1, 1999 WL 169659

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 1998

DocketNo. 98-4709

StatusPublished

Cited by1 cases

This text of 740 So. 2d 1 (Sims 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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Sims v. State, 740 So. 2d 1, 1999 WL 169659 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Aex Sims seeks a belated appeal, contending that he did not receive a copy of an order which denied his motion for rehearing of an order which denied a motion for post-conviction relief. Respondent does not dispute petitioner’s sworn allegation that he did not receive the order on rehearing but questions whether the motion for rehearing was timely. We find that it was. King v. State, 504 So.2d 405 (Fla. 1st DCA 1987). We therefore grant the petition for writ of habeas corpus for belated appeal of the order of March 9, 1998, denying post-conviction relief in Bay County Case No. 93-2523. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the lower tribunal for treatment as a notice of appeal. See Fla. R.App. P. 9.140(jX5)(D).

ALLEN, WEBSTER and VAN NORTWICK, JJ., concur.

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PER CURIAM.

Aex Sims seeks a belated appeal, contending that he did not receive a copy of an order which denied his motion for rehearing of an order which denied a motion for post-conviction relief. Respondent does not dispute petitioner’s sworn allegation that he did not receive the order on rehearing but questions whether the motion for rehearing was timely. We find that it was. King v. State, 504 So.2d 405 (Fla. 1st DCA 1987). We therefore grant the petition for writ of habeas corpus for belated appeal of the order of March 9, 1998, denying post-conviction relief in Bay County Case No. 93-2523. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the lower tribunal for treatment as a notice of appeal. See Fla. R.App. P. 9.140(jX5)(D).

ALLEN, WEBSTER and VAN NORTWICK, JJ., concur.

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740 So. 2d 1, 1999 WL 169659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-state-fladistctapp-1998.

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