JENKINS v. STATE (2021)

District Court of Appeal of Florida, First District.

Tevin Errington JENKINS, Petitioner, v. STATE of Florida, Respondent.

No. 1D21-2408

Decided: October 27, 2021

Bruce A. Miller, Public Defender, and Marci J. McCoy, Assistant Public Defender, Pensacola, for Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

This petition for belated appeal alleges that the petitioner requested an appeal of his May 24, 2021, judgment and sentence on July 19, 2021. Because the petitioner's request for appeal was made more than 30 days after rendition of the sentence, the petition for belated appeal is denied. See Fla. R. App. P. 9.140(b)(3); cf. State v. Trowell, 739 So. 2d 77, 81 (Fla. 1999) (holding that an appellate court should grant a petition seeking a belated appeal if the defendant alleges that a timely request of counsel to file the notice of appeal was made and that counsel failed to do so).

Per Curiam.

Ray, Osterhaus, and Nordby, JJ., concur.

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