Summary
holding that defendant is entitled to receive a belated appeal when order denying rule 3.850 motion fails to advise him of right to appeal in 30 days
Summary of this case from Jones v. StateOpinion
Case No. 97-73
Opinion filed March 27, 1997
Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.
Prince N. Wray, Punta Gorda, Pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Respondent.
The petition for writ of habeas corpus for belated appeal is granted because the order denying the petitioner's Rule 3.850 motion did not advise the petitioner of his right to appeal within thirty days. State ex rel. Shevin v. District Court of Appeal, Third District, 316 So.2d 50 (Fla. 1975); Owens v. State, 668 So.2d 715 (Fla. 5th DCA 1996). The petitioner is permitted to file a belated notice of appeal of the order denying his motion for post-conviction relief within thirty days of the date of this opinion.