Narrative Opinion Summary
The petition for a belated appeal by James Patrick Bonifay, now known as NabiyI Taqqi Ya’Qub Musaaleh, is granted concerning the resentencing order in Escambia County case number 1991-CF-000606. The court references relevant case law, specifically State v. Trowell and King v. State, to support its decision. A copy of the opinion will be sent to the circuit court clerk, who will treat it as a notice of appeal, in accordance with Florida Rule of Appellate Procedure 9.141(c)(6)(D). The trial court is instructed to appoint counsel for the appellant if he is eligible for such assistance. The decision is concurred by Judges Davis, Wetherell, and Rowe.
Legal Issues Addressed
Appointment of Counsel for Appellantsubscribe to see similar legal issues
Application: The trial court must appoint counsel for the appellant if he qualifies for legal assistance.
Reasoning: The trial court is instructed to appoint counsel for the appellant if he is eligible for such assistance.
Granting of Belated Appealssubscribe to see similar legal issues
Application: The court grants a petition for a belated appeal regarding the resentencing order in a specific case.
Reasoning: The petition for a belated appeal by James Patrick Bonifay, now known as NabiyI Taqqi Ya’Qub Musaaleh, is granted concerning the resentencing order in Escambia County case number 1991-CF-000606.
Judicial Concurrence in Appellate Decisionssubscribe to see similar legal issues
Application: The decision for the belated appeal is agreed upon by multiple judges.
Reasoning: The decision is concurred by Judges Davis, Wetherell, and Rowe.
Role of Circuit Court Clerk in Belated Appealssubscribe to see similar legal issues
Application: The opinion serves as a notice of appeal, which the circuit court clerk must recognize and act upon.
Reasoning: A copy of the opinion will be sent to the circuit court clerk, who will treat it as a notice of appeal, in accordance with Florida Rule of Appellate Procedure 9.141(c)(6)(D).