Background
Nathan Goodberlet filed an amended petition for a belated appeal in the Florida Fifth District Court of Appeal. The proceeding was an original-jurisdiction matter arising from his criminal case in the Circuit Court in and for Volusia County.
Goodberlet sought to appeal the judgment and sentence rendered on June 25, 2026, in trial-court Case No. 64-2026-103120-CFDB.
The Court’s Holding
The Fifth District granted Goodberlet’s amended petition for a belated appeal.
Under Florida Rule of Appellate Procedure 9.141(c)(6)(D), the court directed that a copy of its opinion be filed with the trial court and treated as the notice of appeal from the June 25, 2026 judgment and sentence.
Key Takeaways
- Goodberlet may pursue a belated appeal from his criminal judgment and sentence.
- The appellate court’s opinion itself will serve as the notice of appeal when filed with the trial court.
- The court granted procedural relief without addressing the merits of the underlying judgment or sentence.
Why It Matters
The decision restores Goodberlet’s opportunity for appellate review despite the absence of a timely notice of appeal. It also illustrates the mechanism provided by Florida Rule of Appellate Procedure 9.141(c)(6)(D), under which an opinion granting belated-appeal relief can function as the notice of appeal.