SIRIAS v. STATE (2018)

To the extent that petitioner is seeking a belated appeal of the amended judgment and sentence, the petition for belated appeal is granted in circuit court case number 05-CF-20328. This order shall serve as a timely notice of appeal from the amended judgment and sentence, the latter imposed October 14, 2016. We note that petitioner's original judgment and sentence was affirmed in case number 2D08-1330. Additionally, petitioner's appeal of the October 12, 2016, order granting in part petitioner's motion for reconsideration and directing the clerk to amend the judgment and sentence, was affirmed in case number 2D16-5070. Accordingly, petitioner's belated appeal is limited to issues related to the October 14, 2016, amended judgment and sentence.

Within twenty days the trial court shall consider appellant's eligibility for appointment of appellate counsel, provided appellant files within ten days a motion in the circuit court requesting same accompanied by a financial affidavit, and shall enter an order thereupon, with a copy to appellant and a copy to this court.

The circuit court clerk shall treat this order as a notice of appeal, promptly certify same and return it to this court as with any notice of appeal, accompanied by any order of indigency that may have been entered by the circuit court, and a new appellate case number will be assigned to this appeal and an acknowledgment letter will issue at that time.

BY ORDER OF THE COURT:

LaROSE, C.J., and MORRIS and SALARIO, JJ., Concur.