Florida District Courts of Appeal, 1991

McMillian v. State

McMillian v. State
Florida District Courts of Appeal · Decided January 23, 1991 · Altenbernd, Frank, Threadgill
573 So. 2d 965; 1991 Fla. App. LEXIS 441; 1991 WL 6327 (Southern Reporter, Second Series)

McMillian v. State

Opinion of the Court

PER CURIAM.

Michael McMillian appeals the summary denial of his motion for postconviction relief. While the notice of appeal is clearly untimely, McMillian has alleged facts which, if true, would entitle him to belated appellate review. See State ex rel. Shevin v. District Court of Appeal, Third District, 316 So.2d 50 (Fla. 1975). Turning to the merits of the motion, we agree with the trial court that McMillian has failed to set forth a prima facie showing of his entitlement to relief. Accordingly, the order of the circuit court is hereby affirmed.

FRANK, A.C.J., and THREADGILL and ALTENBERND, JJ., concur.

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