5D02-123 Simpkins v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-123

Case Date: 02/25/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002 LAWRENCE SIMPKINS, Petitioner, v. STATE OF FLORIDA, Respondent. _______________________________/ 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. Case No. 5D02-123

PER CURIAM. 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.

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