JOHNSON v. STATE (2020)

The motion for rehearing is granted. The previous opinion issued on February 18, 2020, is withdrawn, and in its stead, the following is issued as the decision of the Court.

This case involves the question of whether Petitioner is entitled to a belated appeal arising from the denial of his post-conviction and rehearing motions in the trial court. We initially denied relief, but now grant Petitioner's motion for rehearing and remand for an evidentiary hearing. Two focal points of the inquiry are whether Petitioner failed to receive the August 4, 2017, order denying his motion for rehearing in the trial court (he has attached records showing his legal mail in August 2017 was returned to senders due to the institution's inability to match his name with an inmate number) and whether his failure to learn of the order until over two years later is excusable given that he had hired private legal counsel on August 22, 2017, to protect his interests and legal counsel failed to do so (he has attached a letter apprizing his attorney of the pending motion for rehearing and his concern that it could be decided “at any time” ).

Per Curiam.

Makar, Bilbrey, and Jay, JJ., concur.