Background
Darrell Thompson, proceeding pro se, petitioned the Florida Fifth District Court of Appeal for a belated appeal. The matter arose from his criminal case in the Circuit Court in and for Duval County, Florida.
Thompson sought to appeal the trial court’s December 3, 2024 order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.
The Court’s Holding
The Fifth District granted Thompson’s petition for a belated appeal.
The court directed that a copy of its opinion be filed with the trial court and treated as Thompson’s notice of appeal from the December 3, 2024 order, pursuant to Florida Rule of Appellate Procedure 9.141(c)(6)(D).
Key Takeaways
- Thompson may pursue an appeal from the order denying his Rule 3.850 motion.
- The appellate opinion itself will serve as the notice of appeal when filed with the trial court.
- The decision grants appellate review but does not address the merits of Thompson’s postconviction claims.
Why It Matters
The ruling restores Thompson’s opportunity to obtain appellate review of the denial of postconviction relief despite the absence of a timely notice of appeal.
It also illustrates the remedy available under Florida appellate procedure when a criminal defendant establishes entitlement to a belated appeal.