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Bennett v. State

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
May 20, 2016
191 So. 3d 1006 (Fla. Dist. Ct. App. 2016)

Opinion

No. 1D16–0408.

05-20-2016

Patrick BENNETT, Petitioner, v. STATE of Florida, Respondent.

Patrick Bennett, pro se, Petitioner. Pamela Jo Bondi, Attorney General, David Llanes and Donna A. Gerace, Assistant Attorneys General, Tallahassee, for Respondent.


Patrick Bennett, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, David Llanes and Donna A. Gerace, Assistant Attorneys General, Tallahassee, for Respondent.

Opinion

PER CURIAM.

“[T]he filing of a notice of appeal in the wrong court is not a jurisdictional defect.” Pennywell v. Fla. Dep't of Revenue ex rel. Woodard, 62 So.3d 19, 20 (Fla. 1st DCA 2011) (citing Kaweblum v. Thornhill Estates Homeowners Ass'n, Inc., 755 So.2d 85, 88 (Fla.2000), and Alfonso v. Dep't of Envtl. Reg., 616 So.2d 44, 47 (Fla.1993) ).

Accordingly, the petition for belated appeal is granted. Petitioner shall be allowed a belated appeal from the lower tribunal's October 12, 2015, Order Denying Motion to Correct Sentence in Leon County Circuit Court case number 1986CF4095. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as the notice of appeal. Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

ROWE, MAKAR, and BILBREY, JJ., concur.


Summaries of

Bennett v. State

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
May 20, 2016
191 So. 3d 1006 (Fla. Dist. Ct. App. 2016)
Case details for

Bennett v. State

Case Details

Full title:PATRICK BENNETT, Petitioner, v. STATE OF FLORIDA, Respondent.

Court:DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: May 20, 2016

Citations

191 So. 3d 1006 (Fla. Dist. Ct. App. 2016)