Wilson v. Florida Department of Corrections
This text of 13 So. 3d 74 (Wilson v. Florida Department of Corrections) 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.
Opinion
Willie D. Wilson seeks belated appeal from an order of the circuit court denying his petition for writ of mandamus. Because the proceedings below did not involve imposition of judgment and sentence or denial of a rule 3.800 or 3.850 motion, the remedy of belated appeal is unavailable and the petition must be denied. See Powell v. Fla. Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999). Petitioner’s remedy, if any, lies with the circuit court. See Milord v. Fla. Parole Comm’n, 4 So.3d 762 (Fla. 1st DCA 2009)(Browning, J., concurring).
DENIED.
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Cite This Page — Counsel Stack
13 So. 3d 74, 2009 Fla. App. LEXIS 7037, 2009 WL 1312916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-florida-department-of-corrections-fladistctapp-2009.