¶1By petition seeking belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j), petitioner asserts that he timely requested that court appointed counsel file a notice of appeal. The petition is supported by an affidavit of trial counsel. In response to an order to show cause, the state does not object to the belated appeal. Accordingly, we grant the request for a belated appeal and remand to the trial court. The trial court shall treat this court’s mandate as the notice of appeal. Fla. R.App. P. 9.140(j)(5)(D). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.
719 So. 2d 383
Bentley v. State
District Court of Appeal of Florida
Decided October 23, 1998
District Court of Appeal of Florida · decided 1998-10-23
Cited by 1 later decisions — most recently January 1999
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1998-10-23
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