5D04-4144 Isaiah Brown v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-4144

Case Date: 01/24/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005 ISAIAH BROWN, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed January 28, 2005 Petition for Belated Appeal, A Case of Original Jurisdiction. Isaiah Brown, Crawfordville, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. Isaiah Brown has filed a petition seeking a belated appeal alleging that he requested his trial counsel to file an appeal on his behalf, but one was never filed. In its response, the Attorney General relates that it contacted Brown's trial counsel, who confirmed that he did not file a notice of appeal. The Attorney General candidly acknowledges that under Florida case law it is of no moment whether an appeal would be meritorious or frivolous and, therefore, Brown is entitled to receive a belated appeal. See State v. Trowell, 739 So.2d 77 (Fla. 1999). Accordingly, we grant Brown's petition for a belated appeal. PETITION GRANTED. SHARP, W., GRIFFIN and PALMER, JJ., concur. Case No. 5D04-4144

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