Yeager v. State

District Court of Appeal of Florida

Yeager v. State

809 So. 2d 913, 2002 Fla. App. LEXIS 3313, 2002 WL 397211

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 2002

DocketNo. 5D01-3623

StatusPublished

This text of 809 So. 2d 913 (Yeager 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

Yeager v. State, 809 So. 2d 913, 2002 Fla. App. LEXIS 3313, 2002 WL 397211 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

In light of the commissioner’s report of findings and recommendation, we grant the petition for writ of habeas corpus for belated appeal. As the commissioner explained in his report:

[Yeager’s] request for a belated appeal is warranted as a result of the factual finding that Yeager and his trial attorney conducted a conversation on the subject of the filing of a notice of appeal and the conversation reasonably led to a misunderstanding. Yeager has established to this Court’s satisfaction that he made a timely request for the filing of the notice of appeal and that it would be fundamentally unfair under the circumstances to deny the opportunity for review of his conviction and sentence.

This opinion shall be filed with the lower court and will be treated as the notice of appeal in circuit case 2000-34250-CFAES. See Fla. R.App. P. 9.141(c)(5)(D).

PETITION GRANTED.

SHARP, W., HARRIS and PLEUS, JJ., concur.

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

PER CURIAM.

In light of the commissioner’s report of findings and recommendation, we grant the petition for writ of habeas corpus for belated appeal. As the commissioner explained in his report:

[Yeager’s] request for a belated appeal is warranted as a result of the factual finding that Yeager and his trial attorney conducted a conversation on the subject of the filing of a notice of appeal and the conversation reasonably led to a misunderstanding. Yeager has established to this Court’s satisfaction that he made a timely request for the filing of the notice of appeal and that it would be fundamentally unfair under the circumstances to deny the opportunity for review of his conviction and sentence.

This opinion shall be filed with the lower court and will be treated as the notice of appeal in circuit case 2000-34250-CFAES. See Fla. R.App. P. 9.141(c)(5)(D).

PETITION GRANTED.

SHARP, W., HARRIS and PLEUS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

809 So. 2d 913, 2002 Fla. App. LEXIS 3313, 2002 WL 397211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yeager-v-state-fladistctapp-2002.