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Gardner v. State

District Court of Appeal of Florida, First District
May 10, 2000
757 So. 2d 1245 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D00-603.

Opinion filed May 10, 2000.

Petition for Writ of Habeas Corpus for Belated Appeal — Original Jurisdiction.

Samuel J. Gardner, pro se, petitioner.

Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for respondent.


Samuel J. Gardner petitions for a belated appeal, contending that he did not receive a copy of a trial court order denying his motion to correct illegal sentence until after the time for taking an appeal from the order had expired. The state expresses no opposition. Accordingly, we grant belated appeal from the order issued July 1, 1999, in Leon County case number R86-1709 AF. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the trial court to be treated as a notice of appeal. Fla.R.App.P. 9.140(j)(5)(D).

PETITION GRANTED.

JOANOS, LAWRENCE and DAVIS, JJ., concur.


Summaries of

Gardner v. State

District Court of Appeal of Florida, First District
May 10, 2000
757 So. 2d 1245 (Fla. Dist. Ct. App. 2000)
Case details for

Gardner v. State

Case Details

Full title:SAMUEL J. GARDNER, Petitioner, v. STATE OF FLORIDA, Respondent

Court:District Court of Appeal of Florida, First District

Date published: May 10, 2000

Citations

757 So. 2d 1245 (Fla. Dist. Ct. App. 2000)