5D09-613 John Kingcade v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-613

Case Date: 04/06/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

JOHN W. KINGCADE, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed April 9, 2009 Petition for Belated Appeal, A Case of Original Jurisdiction. John W. Kingcade, Zephyrhills, Pro Se. Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent. Case No. 5D09-613

PER CURIAM. We grant John Kingcade's Petition for Writ of Habeas Corpus, seeking a belated appeal. The order denying Kingcade's motion for postconviction relief failed to advise him that he had a right to appeal the order within thirty days of its rendition. See Fla. R. Crim. P. 3.850(g); Lewis v. State, 606 So. 2d 767 (Fla. 4th DCA 1992). A copy of this opinion will be filed with the lower court and be treated as the notice of appeal from the order denying postconviction relief in Case No. 00-2493-CF-AX in the Circuit Court in and for Marion County. See Fla. R. App. P. 9.141(c)(5)(D).

WRIT GRANTED. ORFINGER, TORPY and COHEN, JJ., concur.

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