Byrd v. State, 1D05-3185.

CourtFlorida Supreme Court
Writing for the CourtPer Curiam
CitationByrd v. State, 916 So.2d 926 (Fla. 2005)
Decision Date30 November 2005
Docket NumberNo. 1D05-3185.,1D05-3185.
PartiesValencia BYRD, Petitioner, v. STATE of Florida, Respondent.

Valencia Byrd, pro se, petitioner.

Charlie Crist, Attorney General, and Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for respondent.

PER CURIAM.

The trial court failed to advise petitioner of her right to appeal at the time sentence was imposed. Accordingly, we grant the petition and direct that petitioner be afforded a belated appeal in Duval County case number 16-CF-1994-001783. See Polk v. State, 884 So.2d 498 (Fla. 5th DCA 2004); Bowden v. Singletary, 805 So.2d 812 (Fla. 3d DCA 1999). Upon issuance of mandate in this cause, a copy of the opinion will be provided to the clerk of the lower tribunal, who shall treat it as a notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). Counsel shall be appointed to represent petitioner in the appeal if she qualifies for such an appointment.

PETITION GRANTED.

DAVIS, BROWNING and LEWIS, JJ., concur.

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5 cases
  • Parker v. Parker
    • United States
    • Florida Supreme Court
    • November 30, 2005
    ... ...          ... the well-settled rule of law in this state that "a person has no legal duty to provide support for a minor child who is neither his natural ... See Dep't. of Revenue v. Byrd, 710 So.2d 1036 (Fla. 1st DCA 1998) (stating that seven year old paternity judgment could be set ... ...
  • Byrd v. State
    • United States
    • Florida District Court of Appeals
    • October 24, 2008
    ...with directions that counsel be appointed to represent Appellant in the direct appeal of her judgment and sentence. Byrd v. State, 916 So.2d 926 (Fla. 1st DCA 2005). In its Anders brief, the Office of the Public Defender did not assert any reversible error by the trial court. In a pro se br......
  • Moore v. Fla. Dep't of Corr.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • December 8, 2015
    ...decision to deny Moore's belated appeal erroneous. See Battles v. State, 930 So. 2d 769 (Fla. Dist. Ct. App. 2006); Byrd v. State, 916 So. 2d 926 (Fla. Dist. Ct. App. 2005); Bowden v. Singletary, 805 So. 2d 812 (Fla. Dist. Ct. App. ...
  • Battles v. State, 1D06-0433.
    • United States
    • Florida District Court of Appeals
    • May 11, 2006
    ...a belated appeal from the order rendered May 11, 2004, in Duval County Circuit Court case number 2000 CF 2665. See Byrd v. State, 916 So.2d 926 (Fla. 1st DCA 2005); Turner v. State, 745 So.2d 535 (Fla. 1st DCA 1999). Upon issuance of mandate in this cause, a copy of the opinion will be prov......
  • Get Started for Free