Smith v. State
Smith v. State
Opinion of the Court
Petitioner was simultaneously sentenced in six cases, but through an apparent oversight, his trial counsel filed a notice of appeal referencing only two of the six cases. That appeal is now pending before the court in case number 1D04-0847, and in this proceeding, petitioner seeks a belated appeal in the four remaining cases. The state indicates that it can show no basis for opposing this request. •
Accordingly, the amended petition seeking a belated appeal of the judgment and sentence rendered February 17, 2004, in Escambia County Circuit Court case numbers 01^4991, 01-5341, 01-5342, and 02-2612, is granted. In the interests of judicial economy and expediency, the belated appeal shall proceed under existing case number 1D04-0847, and counsel for petitioner is afforded 30 days following issuance of mandate in this cause in which to serve the initial brief in that case.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.