12-0451 JAMES PATRICK BONIFAY, n/k/a, NABIYL TAQQI YA'QUB MUSAALEH, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 12-0451

Case Date: 05/04/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES PATRICK BONIFAY, n/k/a, NABIYL TAQQI YA'QUB MUSAALEH, Petitioner, v. STATE OF FLORIDA, Respondent. ___________________________/ Opinion filed May 4, 2012. Petition Seeking Belated Appeal -- Original Jurisdiction. Nabiyl Musaaleh, f/k/a, James P. Bonifay, for Petitioner. Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-0451

PER CURIAM.

The petition is granted and James Patrick Bonifay, n/k/a, Nabiyl Taqqi Ya'Qub Musaaleh, is hereby afforded a belated appeal of the resentencing order in Escambia County case number 1991-CF-000606. See State v. Trowell, 739 So. 2d 77 (Fla. 1999); see also King v. State, 795 So. 2d 1086 (Fla. 1st DCA 2001). Upon issuance of mandate in this cause, a copy of the opinion will be provided to the clerk of the circuit court who shall treat it as a notice of appeal. See Fla. R. App. P. 9.141(c)(6)(D). The trial court is directed to appoint counsel for appellant in the resulting appeal if he qualifies for such an appointment. PETITION GRANTED. DAVIS, WETHERELL, and ROWE, JJ., CONCUR.

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