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Roberts v. State

District Court of Appeal of Florida, Third District
Aug 8, 2007
963 So. 2d 849 (Fla. Dist. Ct. App. 2007)

Opinion

No. 3D06-2554.

August 8, 2007.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Dava J. Tunis, Judge.

James Tyrone Roberts, in proper person.

Bill McCollum, Attorney General, for appellee.

Before FLETCHER, SHEPHERD, and ROTHENBERG, JJ.


Defendant, James Tyrone Roberts, was prevented from appealing the trial court's denial of his original 3.800 motion for post-conviction relief because he did not receive timely notice of that denial. We thus treat defendant's "Amendment to 3.800(a) Motion" as a petition for belated appeal and reach the merits of the appeal of the denial of his original 3.800 motion. See Fla.R.App.P. 9.040(c); Suarez v. State, 677 So.2d 1316 (Fla. 3d DCA 1996). On the merits, we find no error in the trial court's summary denial of the defendant's claim of illegal sentencing, and affirm.

Affirmed.


Summaries of

Roberts v. State

District Court of Appeal of Florida, Third District
Aug 8, 2007
963 So. 2d 849 (Fla. Dist. Ct. App. 2007)
Case details for

Roberts v. State

Case Details

Full title:James Tyrone ROBERTS, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Aug 8, 2007

Citations

963 So. 2d 849 (Fla. Dist. Ct. App. 2007)

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