Tate v. Singletary, 97-2394

• Court: Florida District Court of Appeals
• Writing for the Court: PER CURIAM
• Citation: Tate v. Singletary, 716 So.2d 289 (Fla. App. 1998)
• Decision Date: 15 July 1998
• Docket Number: No. 97-2394,97-2394
• Parties: 23 Fla. L. Weekly D1673 Lenworth TATE, Petitioner, v. Harry K. SINGLETARY, Secretary of Florida Department of Corrections, etc., Respondent.

Page 289

716 So.2d 289

23 Fla. L. Weekly D1673

Lenworth TATE, Petitioner, v. Harry K. SINGLETARY, Secretary of Florida Department of Corrections, etc., Respondent.

No. 97-2394.

District Court of Appeal of Florida, Third District.

July 15, 1998.

A Case of Original Jurisdiction--Habeas Corpus.

Lenworth Tate, in proper person.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for respondent.

Before JORGENSON, GODERICH and SHEVIN, JJ.

PER CURIAM.

We grant defendant's June 18, 1997 petition for belated review of the trial court's July 21, 1995 order denying his Rule 3.850 motion. ¹ After conducting an evidentiary hearing on defendant's motion, the court entered an order that did not advise defendant that he must file a notice of appeal within 30 days of rendition of the order. Fla. R.App. P. 3.850. Defendant is therefore entitled to a belated appeal. See State v. District Court of Appeal, Third District, 316 So.2d 50 (Fla.1975). An order of this court shall be filed with the lower tribunal and treated as the notice of appeal in case numbers 92-24145, 92-24639, and 92-23768 in accordance with Florida Rule of Appellate Procedure 9.140(j)(5)(D).

Petition for belated appeal granted.

1 The July 21 order indicates that the court filed the order under case numbers 91-4226, 92-3170, and 92-18869. However, the order reveals that it addressed a motion filed under case numbers 92-24145, 92-24639, and 92-23768.