IVEY v. STATE (2006)

 Terry Torenzo Ivey has filed a petition with this court seeking a belated appeal.   He contends that he is entitled to receive a belated appeal because the trial court's order denying his motion to withdraw his plea did not advise him of his right to appeal and because he did not timely receive a copy of the order.   With regard to Ivey's first contention, Ivey is not entitled to receive any relief because there is no requirement that an order denying a motion to withdraw a plea filed pursuant to Florida Rule of Criminal Procedure 3.170(l ) must contain a notification of a right to appeal.   As for Ivey's second contention, the record does support the claim that he did not timely receive a copy of the trial court's order so that he could file a timely notice of appeal.   Defense counsel attempted to send Ivey a copy by Federal Express, but it was sent to the wrong prison facility.   A copy of the order was also sent by the trial court but it was returned as undeliverable.   Accordingly, Ivey is entitled to receive a belated appeal.

PETITION GRANTED.

PALMER, J.

GRIFFIN, J., and PETERSON, E., Senior Judge, concur.