Summary
In Simpkins v. State, 807 So.2d 826 (Fla. 5th DCA 2002), we held that a criminal defendant is entitled to a belated appeal when the State's investigation of prison mail logs confirms that the defendant received no legal mail during the relevant 2 months.
Summary of this case from Diresta v. StateOpinion
Case No. 5D02-123
Opinion filed March 1, 2002
Petition for Belated Appeal, A Case of Original Jurisdiction.
Lawrence Simpkins, Chipley, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.
Lawrence Simpkins requests a belated appeal because he failed to receive the October 10, 2001 order denying his motion for post-conviction relief until December 11, 2001.
The State investigated the mail logs at the prison in which Simpkins is incarcerated and confirmed that Simpkins received no legal mail in October and November, 2001. Accordingly, we grant the request for the belated appeal and this opinion shall be filed with the lower tribunal and treated as the notice of appeal.
PETITION GRANTED.
HARRIS, PETERSON and GRIFFIN, JJ., concur.