Miller v. State

Full title: Jon Michael MILLER, Petitioner v. STATE of Florida, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 27, 1996

693 So. 2d 994 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-3035.

November 27, 1996.

Petition for Writ of Habeas Corpus, a Case of Original Jurisdiction.

Jon M. Miller, Daytona Beach, Pro Se.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

The petition for writ of habeas corpus is granted. The record reflects that order denying the petitioner's Rule 3.850 motion did not contain a certificate that complied with the requirements of Florida Rule of Criminal Procedure 3.850 (g). See, Farngiamore v. State, 633 So.2d 118 (Fla. 5th DCA 1994). The petitioner is permitted to file a belated notice of appeal of the order denying his motion for post-conviction relief with the clerk of the trial court within 30 days from the date of this opinion.

PETITION GRANTED.

DAUKSCH, HARRIS and ANTOON, JJ., concur.