5D01-3623 Yeager v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-3623

Case Date: 03/11/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

JOHN ANTHONY YEAGER, Petitioner, v. Case No. 5D01-3623 STATE OF FLORIDA, Respondent. / Opinion Filed March 15, 2002 Petition for Belated Appeal, A Case of Original Jurisdiction. John Anthony Yeager, Clermont, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. In light of the commissioner' s report of findings and recommendation, we grant the petition for writ of habeas corpus for belated appeal. As the commissioner explained in his report: [Yeager' s] request for a belated appeal is warranted as a result of the factual finding that Yeager and his trial attorney conducted a conversation on the subject of the filing of a notice of appeal and the conversation reasonably led to a misunderstanding. Yeager has established to this Court' s satisfaction that he made a timely request for the filing of the notice of appeal and that it would be fundamentally unfair under the circumstances to deny the opportunity for review of his conviction and sentence. This opinion shall be filed with the lower court and will be treated as the notice of

appeal in circuit case 2000-34250-CFAES. See Fla. R. App. P. 9.141(c)(5)(D). PETITION GRANTED. SHARP, W., HARRIS and PLEUS, JJ., concur.

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