Crocton v. State

District Court of Appeal of Florida

Decided October 29, 1999

District Court of Appeal of Florida · decided 1999-10-29

Cited by 1 later decisions — most recently May 2003

1 state decisions

Relies on 739 So. 2d 77 - State v. Trowell · Denson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-10-29

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THOMPSON, J.

¶1Petitioner Zachary Crocton seeks a belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j). He alleges that after he was tried by a jury and convicted, he asked his court appointed attorney to appeal his judgment and sentence for burglary. Crocton’s attorney admits that Crocton asked him to file the appeal and it was overlooked. The state responds that it does not have a good faith basis on which to dispute petitioner’s claim. See Denson v. State, 710 So.2d 144 (Fla. 5th DCA 1998). The petition for belated appeal is granted without the need for an evidentiary hearing. See State v. Trowell, 739 So.2d 77, 24 Fla. L. Weekly S235 (Fla.1999). This order shall be filed with the circuit court and treated as Crocton’s notice of appeal. See Fla. R.App. P 9.140(j)(5)(D).

¶2PETITION GRANTED.

ANTOON, C.J. and COBB, J., concur.