State v. Wimberly

District Court of Appeal of Florida

State v. Wimberly

712 So. 2d 813, 1998 Fla. App. LEXIS 8004, 1998 WL 347994

CourtDistrict Court of Appeal of Florida

DecidedJuly 1, 1998

DocketNo. 97-4512

StatusPublished

This text of 712 So. 2d 813 (State v. Wimberly) 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

State v. Wimberly, 712 So. 2d 813, 1998 Fla. App. LEXIS 8004, 1998 WL 347994 (Fla. Ct. App. 1998).

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Opinion

ALLEN, Judge.

The state challenges an order by which the trial court allowed the appellant the opportunity to file a belated appeal. Although the appellant acknowledged that he never asked counsel to file an appeal, the trial court indicated that counsel should have initiated some discussion with the appellant as to this matter. However, the order from which the appellant seeks a belated appeal clearly informed the appellant of the time for appeal, and in the absence of a timely request therefor the appellant is not entitled to such relief. See, e.g., Green v. State, 614 So.2d 1198 (Fla. 1st DCA 1993). The order allowing a belated appeal is accordingly reversed.

BARFIELD, C.J., and ERVIN, J., concur.

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ALLEN, Judge.

The state challenges an order by which the trial court allowed the appellant the opportunity to file a belated appeal. Although the appellant acknowledged that he never asked counsel to file an appeal, the trial court indicated that counsel should have initiated some discussion with the appellant as to this matter. However, the order from which the appellant seeks a belated appeal clearly informed the appellant of the time for appeal, and in the absence of a timely request therefor the appellant is not entitled to such relief. See, e.g., Green v. State, 614 So.2d 1198 (Fla. 1st DCA 1993). The order allowing a belated appeal is accordingly reversed.

BARFIELD, C.J., and ERVIN, J., concur.

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Bluebook (online)

712 So. 2d 813, 1998 Fla. App. LEXIS 8004, 1998 WL 347994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wimberly-fladistctapp-1998.

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