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Wray v. State

District Court of Appeal of Florida, Fifth District
Mar 27, 1997
690 So. 2d 687 (Fla. Dist. Ct. App. 1997)

Summary

holding that defendant is entitled to receive a belated appeal when order denying rule 3.850 motion fails to advise him of right to appeal in 30 days

Summary of this case from Jones v. State

Opinion

Case No. 97-73

Opinion filed March 27, 1997

Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.

Prince N. Wray, Punta Gorda, Pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Respondent.


The petition for writ of habeas corpus for belated appeal is granted because the order denying the petitioner's Rule 3.850 motion did not advise the petitioner of his right to appeal within thirty days. State ex rel. Shevin v. District Court of Appeal, Third District, 316 So.2d 50 (Fla. 1975); Owens v. State, 668 So.2d 715 (Fla. 5th DCA 1996). The petitioner is permitted to file a belated notice of appeal of the order denying his motion for post-conviction relief within thirty days of the date of this opinion.

PETITION GRANTED.

PETERSON, C.J., HARRIS and GRIFFIN, JJ., concur.


Summaries of

Wray v. State

District Court of Appeal of Florida, Fifth District
Mar 27, 1997
690 So. 2d 687 (Fla. Dist. Ct. App. 1997)

holding that defendant is entitled to receive a belated appeal when order denying rule 3.850 motion fails to advise him of right to appeal in 30 days

Summary of this case from Jones v. State
Case details for

Wray v. State

Case Details

Full title:PRINCE NARVEL WRAY, Petitioner, v. STATE OF FLORIDA, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 27, 1997

Citations

690 So. 2d 687 (Fla. Dist. Ct. App. 1997)

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