Toole v. State

District Court of Appeal of Florida

Toole v. State

717 So. 2d 183, 1998 Fla. App. LEXIS 11774, 1998 WL 633967

CourtDistrict Court of Appeal of Florida

DecidedSeptember 17, 1998

DocketNo. 98-1115

StatusPublished

This text of 717 So. 2d 183 (Toole 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

Toole v. State, 717 So. 2d 183, 1998 Fla. App. LEXIS 11774, 1998 WL 633967 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Howard Toole sought a belated appeal and, after considering the contravening arguments presented by the respondent, jurisdiction was relinquished to the circuit court with directions to appoint a commissioner, conduct a hearing, and issue a written recommendation. See Schubert v. State, 23 Fla. L. Weekly D1353 (Fla. 1st DCA June 3, 1998). The commissioner recommended that a belated appeal be granted, and the respondent has not timely opposed that recommendation. Accordingly, the petition for writ of habeas corpus for a belated appeal from the order of August 11, 1997, which denied a motion to correct the sentence in Bay County ease number 96-397-G, is granted. Upon issuance of a 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(j)(5)(D).

JOANOS, MINER and WEBSTER, JJ., concur.

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PER CURIAM.

Howard Toole sought a belated appeal and, after considering the contravening arguments presented by the respondent, jurisdiction was relinquished to the circuit court with directions to appoint a commissioner, conduct a hearing, and issue a written recommendation. See Schubert v. State, 23 Fla. L. Weekly D1353 (Fla. 1st DCA June 3, 1998). The commissioner recommended that a belated appeal be granted, and the respondent has not timely opposed that recommendation. Accordingly, the petition for writ of habeas corpus for a belated appeal from the order of August 11, 1997, which denied a motion to correct the sentence in Bay County ease number 96-397-G, is granted. Upon issuance of a 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(j)(5)(D).

JOANOS, MINER and WEBSTER, JJ., concur.

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Bluebook (online)

717 So. 2d 183, 1998 Fla. App. LEXIS 11774, 1998 WL 633967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toole-v-state-fladistctapp-1998.