5D05-3798 Shorn Callwoodv. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-3798

Case Date: 01/02/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2005 SHORN K. CALLWOOD, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed January 6, 2006 Petition for Belated Appeal, A Case of Original Jurisdiction. Shorn K. Callwood, Jasper, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. Shorn K. Callwood filed a petition with this court seeking a belated appeal of the trial court's order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Callwood's petition alleges that he is entitled to receive a belated appeal because the trial court's order did not inform him of his right to appeal within 30 days. The State of Florida commendably concedes that Callwood's request for a belated appeal should be granted since both the rule and case law require that a defendant be informed of his right to appeal. See Fla. R. Crim. P. 3.850(g); Wray v. State , 690 So. 2d 687 (Fla. 5th DCA 1997). PETITION GRANTED. SAWAYA, PALMER and ORFINGER, JJ., concur. Case No. 5D05-3798

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