Narrative Opinion Summary
The petition for a belated appeal regarding the judgment and sentence from the Walton County Circuit Court case number 2011-CF-000702, rendered on approximately August 15, 2012, is granted. Upon the issuance of the mandate, the clerk of the lower tribunal will receive a copy of this opinion to serve as notice of appeal. If the petitioner qualifies for public counsel, the lower tribunal must appoint counsel for the belated appeal. The decision is concurred by Chief Judge Lewis and Judges Benton and Swanson.
Legal Issues Addressed
Appointment of Counsel for Belated Appealssubscribe to see similar legal issues
Application: If the petitioner qualifies for public counsel, the lower tribunal is required to appoint legal representation for the belated appeal, safeguarding the petitioner's right to counsel.
Reasoning: If the petitioner qualifies for public counsel, the lower tribunal must appoint counsel for the belated appeal.
Notice of Appeal Proceduresubscribe to see similar legal issues
Application: The court mandates that a copy of the opinion will serve as the notice of appeal, ensuring procedural compliance for the initiation of the belated appeal.
Reasoning: Upon the issuance of the mandate, the clerk of the lower tribunal will receive a copy of this opinion to serve as notice of appeal.
Right to Belated Appealsubscribe to see similar legal issues
Application: The court grants the petition for a belated appeal, allowing the petitioner to challenge the judgment and sentence after the typical appeal period has expired.
Reasoning: The petition for a belated appeal regarding the judgment and sentence from the Walton County Circuit Court case number 2011-CF-000702, rendered on approximately August 15, 2012, is granted.