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651 So. 2d 1320

Docket No. 95-430.

Guzman v. State

Felix J. GUZMAN, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida · decided 1995-03-31

Cited by 2 later decisions — most recently August 1997

2 state decisions

Relies on 603 So. 2d 641 - Jenkins v. State · Worldwide Underwriters Insurance v. Kearney

Good law ✅— No negative treatment on recordhow we know

Decided 1995-03-31

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¶1Felix J. Guzman, Jasper, pro se.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee and Steven J. Guardiano, Senior Asst. Atty. Gen., Daytona Beach, for respondent.

¶3PER CURIAM.

¶4This petition is for a writ of habeas corpus in which the petitioner seeks to file a belated appeal. The petitioner alleges he never received actual copies of the trial court's orders denying his motion for jail credit filed pursuant to Florida Rules of Criminal Procedure 3.800(a).

¶5We ordered a response from the State of Florida. The response fails to refute the petitioner's claim that he never received actual copies of the trial court's orders. Although the error may have been caused by the petitioner's transfer from one correctional institution to another, the petitioner is still *1321 entitled to a belated appeal. Farngiamore v. State,633 So.2d 118 (Fla. 5th DCA 1994); Jenkins v. State,603 So.2d 641 (Fla. 5th DCA 1992).

¶6The petition is granted and Guzman is permitted to file a belated notice of appeal with the clerk of the trial court within 30 days from the date of this opinion.

¶7PETITION GRANTED.

¶8HARRIS, C.J., and DAUKSCH and THOMPSON, JJ., concur.

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