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Barcley v. State

Citations: 838 So. 2d 666; 2003 Fla. App. LEXIS 2471; 2003 WL 718765Docket: No. 1D02-4971

Court: District Court of Appeal of Florida; March 3, 2003; Florida; State Appellate Court

Narrative Opinion Summary

The petition for a belated appeal regarding the denial of the amended petition for writ of error coram nobis, originally issued on December 11, 2000, in Okaloosa County Circuit Court case number 82-27-CFA, is granted. Upon the issuance of the mandate, the clerk of the circuit court will receive a copy of this opinion to be treated as a notice of appeal, in accordance with Florida Rule of Appellate Procedure 9.141(c)(5)(D). Chief Justice Allen, along with Justices Benton and Hawkes, concur in this decision.

Legal Issues Addressed

Belated Appeal under Florida Rule of Appellate Procedure 9.141(c)(5)(D)

Application: The court grants a belated appeal, treating the opinion as a notice of appeal in accordance with the specified appellate rule.

Reasoning: The petition for a belated appeal regarding the denial of the amended petition for writ of error coram nobis, originally issued on December 11, 2000, in Okaloosa County Circuit Court case number 82-27-CFA, is granted.

Judicial Concurrence

Application: The decision for granting the belated appeal is made with the concurrence of Chief Justice Allen and Justices Benton and Hawkes.

Reasoning: Chief Justice Allen, along with Justices Benton and Hawkes, concur in this decision.

Procedure for Notice of Appeal

Application: The court outlines the procedural step of sending a copy of the opinion to the clerk of the circuit court to act as a notice of appeal.

Reasoning: Upon the issuance of the mandate, the clerk of the circuit court will receive a copy of this opinion to be treated as a notice of appeal, in accordance with Florida Rule of Appellate Procedure 9.141(c)(5)(D).