GEER v. STATE (2019)

Petitioner's motion to recall mandate and motion for reconsideration is granted to the extent that the order dated October 9, 2018, is hereby vacated and the petition for belated appeal is granted as follows. In all other respects, the motion is denied.

The petition for belated appeal of the denial of petitioner's postconviction motion after evidentiary hearing, order dated December 7, 2017, is granted in circuit court case number CRC10-26597-CFANO. This order shall serve as a notice of appeal. 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, and a new appellate case number will be assigned to this appeal and an acknowledgment letter will issue at that time. In its response to petitioner's motion to recall mandate and motion for reconsideration, the State confirmed that petitioner timely served a motion for rehearing of the postconviction court's December 7, 2017, order denying petitioner's motion for postconviction relief. A copy of said motion is attached to the copy of the order being served on the postconviction court. The court shall treat the motion as timely filed. Because this motion has the effect of delaying rendition pursuant to Florida Rule of Appellate Procedure 9.020(h), the new appeal will be held in abeyance pending the postconviction court's disposition of the motion. Petitioner shall file a status report on the motion for rehearing in 45 days. The status report shall be filed in the new appellate case number. Petitioner's motion to rule is denied as moot.

BY ORDER OF THE COURT:

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