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Byrd v. State

District Court of Appeal of Florida, First District
Nov 30, 2005
916 So. 2d 926 (Fla. Dist. Ct. App. 2005)

Opinion

No. 1D05-3185.

November 30, 2005.

Valencia Byrd, pro se, petitioner.

Charlie Crist, Attorney General, and Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for respondent.


The trial court failed to advise petitioner of her right to appeal at the time sentence was imposed. Accordingly, we grant the petition and direct that petitioner be afforded a belated appeal in Duval County case number 16-CF-1994-001783. See Polk v. State, 884 So.2d 498 (Fla. 5th DCA 2004); Bowden v. Singletary, 805 So.2d 812 (Fla. 3d DCA 1999). Upon issuance of mandate in this cause, a copy of the opinion will be provided to the clerk of the lower tribunal, who shall treat it as a notice of appeal. Fla.R.App.P. 9.141(c)(5)(D). Counsel shall be appointed to represent petitioner in the appeal if she qualifies for such an appointment.

PETITION GRANTED.

DAVIS, BROWNING and LEWIS, JJ., concur.


Summaries of

Byrd v. State

District Court of Appeal of Florida, First District
Nov 30, 2005
916 So. 2d 926 (Fla. Dist. Ct. App. 2005)
Case details for

Byrd v. State

Case Details

Full title:Valencia BYRD, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, First District

Date published: Nov 30, 2005

Citations

916 So. 2d 926 (Fla. Dist. Ct. App. 2005)

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