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Sage v. State

District Court of Appeal of Florida, Fifth District
Dec 10, 2004
888 So. 2d 730 (Fla. Dist. Ct. App. 2004)

Opinion

No. 5D04-3438.

December 10, 2004.

Petition for Belated Appeal, A Case of Original Jurisdiction.

Charles E. Sage, Zephyrhills, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.


Charles E. Sage has filed a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j). The state concedes that Sage is entitled to relief because the trial court's order did not include a statement that Sage had the right to appeal within 30 days, as required by Florida Rule of Criminal Procedure 3.850(g). We grant the petition for belated appeal. See Polk v. State, 884 So.2d 498, 29 Fla. L. Weekly D2247 (Fla. 5th DCA Oct. 8, 2004); Bowden v. Singletary, 805 So.2d 812 (Fla. 3d DCA 1999).

This opinion shall be filed with the trial court and will be treated as the notice of appeal in Volusia County Circuit Case CRC03-30582CFAES.

SAWAYA, C.J., and PALMER, J., concur.


Summaries of

Sage v. State

District Court of Appeal of Florida, Fifth District
Dec 10, 2004
888 So. 2d 730 (Fla. Dist. Ct. App. 2004)
Case details for

Sage v. State

Case Details

Full title:Charles E. SAGE, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 10, 2004

Citations

888 So. 2d 730 (Fla. Dist. Ct. App. 2004)