Florida District Courts of Appeal, 2009

Parker v. McNeil

Florida District Courts of Appeal · Decided May 13, 2009 · Hawkes, Padovano, Roberts

9 So. 3d 761; 2009 Fla. App. LEXIS 7052; 2009 WL 1312907 (Southern Reporter, Third Series)

Cases that cite this one

4 later published cases cite this decision.

Daley v. Florida Department of Corrections (Fla. Dist. Ct. App. 2013)
White v. State (Fla. Dist. Ct. App. 2012)
Hamze v. Department of Corrections (Fla. Dist. Ct. App. 2012)
Sepp v. Tucker (Fla. Dist. Ct. App. 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

Victor L. Parker seeks belated appeal from an order of the circuit court denying his petition for writ of mandamus. Because the proceedings below did not involve imposition of judgment and sentence or denial of a rule 3.800 or 3.850 motion, the remedy of belated appeal is unavailable and the petition must be denied. See Powell v. Fla. Dep’t of Corr., 727 So.2d 1103 (Fla. 1st DCA 1999). Petitioner’s remedy, if any, lies with the circuit court. See Milord v. Fla. Parole Comm’n, 4 So.3d 762 (Fla. 1st DCA 2009)(Browning, J., con- ' curring).

DENIED.

HAWKES, C.J., PADOVANO and ROBERTS, JJ., concur.

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