Opinion
CASE NO.: 3D16–2118
12-21-2016
The petition for writ of habeas corpus seeking belated appeal is granted as legally sufficient under Fla. R. Civ. P. 9.141(c)(4). See also State v. Trowell, 739 So. 2d 77 (Fla. 1999). This order shall serve as a timely notice of appeal from the judgment and sentence. The circuit court clerk shall promptly certify this order and return it to this Court. Upon receipt of the certified order, a new appellate case number will be assigned to the appeal.
Upon receipt of the acknowledgment letter of the new appeal, the appellant shall forthwith file the necessary motions to cause the transcript of testimony to be transcribed and filed and the appeal shall proceed in accordance with the Florida appellate rules governing criminal appeals.
SHEPHERD and SALTER, JJ., concur.
WELLS, J., would deny the petition without prejudice to filing a motion to withdraw plea below.