Florida District Courts of Appeal, 2006

Barry v. State

Barry v. State
Florida District Courts of Appeal · Decided February 6, 2006 · Kahn, Lewis, Polston
920 So. 2d 166; 2006 Fla. App. LEXIS 1419; 2006 WL 264074 (Southern Reporter, Second Series)

Barry v. State

Opinion of the Court

PER CURIAM.

The appellant filed a motion for postcon-viction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order without comment except to the extent that it purports to grant the appellant a belated appeal from his revocation of probation. The trial court lacked jurisdiction to grant a belated appeal. See Fla. R.App. P. 9.141(c); Lane v. State, 819 So.2d 1011, 1012 (Fla. 1st DCA 2002). We therefore vacate that part of the order granting a belated appeal without prejudice to the appellant’s right to seek a belated appeal in this Court pursuant to *167Florida Rule of Appellate Procedure 9.141(c).

AFFIRMED IN PART; VACATED IN PART.

KAHN, C.J., LEWIS and POLSTON, JJ., concur.

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