HIBBERT v. STATE (2020)

District Court of Appeal of Florida, Second District.

Christopher Valentine HIBBERT, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-4402

Decided: February 20, 2020

Petitioner filed an untimely notice of appeal from an order dated December 15, 2015, that summarily denied his motion for postconviction relief. Petitioner's notice initiated an appeal proceeding in case number 2D19-4180. This court issued an order to show cause why that appeal should not be dismissed as untimely, and Petitioner's response was treated as a petition for belated appeal that initiated this proceeding. The petition and supplements thereto fail to allege grounds for a belated appeal from the December 15, 2015, order, and the petition for belated appeal from that order is denied. To the extent petitioner alleges facts in support of a belated appeal from his judgment and sentences, the petition is dismissed as petitioner's judgment and sentence was the subject of review in appeal number 2D12-5768.

BY ORDER OF THE COURT:

MORRIS, SLEET, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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