TACY v. STATE (2019)

The petition for belated appeal of the summary denial of petitioner's postconviction motion in the trial court is granted in circuit court case number 16-CF-897 for review of the trial court's order of September 17, 2018.

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, and a new appellate case number will be assigned to this appeal and an acknowledgment letter will issue at that time. The summary record shall be transmitted to this court when the certified copy of this order is returned by the trial court clerk.

Petitioner's emergency motion for appointment of counsel on appeal from order denying postconviction relief and to declare petitioner indigent for purposes of appeal is denied without prejudice to petitioner to file such a motion in the trial court and, if necessary, seek review of the trial court's order thereon in this court.

BY ORDER OF THE COURT:

VILLANTI, KHOUZAM, and ROTHSTEIN-YOUAKIM, JJ., Concur.