716 SO2D 289 - Tate v. Singletary

How this case has been cited

Cited by 13 later decisions — most recently February 2016

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

PER CURIAM.

¶1We grant defendant’s June 18, 1997 petition for belated review of the trial court’s July 21, 1995 order denying his Rule 3.850 motion.1 After conducting an evidentiary hearing on defendant’s motion, the court entered an order that did not advise defendant that he must file a notice of appeal within 30 days of rendition of the order. Fla. R.App. P. 3.850. Defendant is therefore entitled to a belated appeal. See State v. District Court of Appeal, Third District, 316 So.2d 50 (Fla. 1975). An order of this court shall be filed with the lower tribunal and treated as the notice of appeal in case numbers 92-24145, 92-24639, and 92-23768 in accordance with Florida Rule of Appellate Procedure 9.140(j)(5)(D).

¶2Petition for belated appeal granted.

¶3. The July 21 order indicates that the court filed the order under case numbers 91-4226, 92-3170, and 92-18869. However, the order reveals that it addressed a motion filed under case numbers 92-24145, 92-24639, and 92-23768.