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826 So. 2d 1007

Cardenas v. State

District Court of Appeal of Florida

Decided January 17, 2001

District Court of Appeal of Florida · decided 2001-01-17

Cited by 1 later decisions — most recently February 2014

1 state decisions

Relies on 316 So. 2d 50 - State Ex Rel. Shevin v. District Court of Appeal · Tate v. Singletary · Marshall v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-01-17

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PER CURIAM.

¶1The defendant below seeks a writ of habeas .corpus permitting belated appeals of two separate denials of post conviction relief. We grant the petition and adopt the candid and very helpful “argument” in the state’s response:

¶2*1008Petitioner contends that the court/ clerk of court failed to inform him, on two separate occasions, of his right to appeal following the denial of his Motion to Correct Illegal Sentence and his Petition for Writ of Habeas Corpus. (Ex. Q: 2-3). A review of the orders denying the post-conviction motion and the petition for habeas corpus indicate an absence of any language informing the defendant that he had thirty (30) days to appeal the decisions. (Ex. N, P). Because the court failed to inform the defendant of his right to appeal following the denial of his motion for post-conviction relief and his petition for habeas corpus, the defendant is entitled to a belated appeal of these denials. Williams v. Singletary, 723 So.2d 923 (Fla. 3d DCA 1999); Tate v. Singletary, 716 So.2d 289 (Fla. 3d DCA 1998); State v. District Court of Appeals, Third District, 316 So.2d 50 (Fla.1975).

¶3Habeas Corpus granted.

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