Wilson v. Florida Department of Corrections

District Court of Appeal of Florida

Wilson v. Florida Department of Corrections

13 So. 3d 74, 2009 Fla. App. LEXIS 7037, 2009 WL 1312916

District Court of Appeal of Florida·Decided May 13, 2009·No. No. 1D08-6325·Published

Opinion

PER CURIAM.

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.

HAWKES, C.J., PADOVANO and ROBERTS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

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.

HAWKES, C.J., PADOVANO and ROBERTS, JJ., concur.

Wilson v. Florida Department of Corrections, 13 So. 3d 74, 2009 Fla. App. LEXIS 7037, 2009 WL 1312916 (Fla. Ct. App. 2009).

Pincite

13 So. 3d 74 (Wilson v. Florida Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related