Background
Quinton Keston Pope petitioned the Florida Fifth District Court of Appeal for a belated appeal in an original proceeding. The request concerned the April 23, 2026 judgment and sentence entered in his criminal case in the Circuit Court in and for Duval County, Florida.
Pope was represented by the public defender’s office. The State of Florida made no appearance in the proceeding.
The Court’s Holding
The court granted Pope’s petition for a belated appeal. Its per curiam opinion did not discuss the underlying conviction, the reason the original appeal was untimely, or the merits of any appellate claims.
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 Pope’s notice of appeal from the April 23, 2026 judgment and sentence.
Key Takeaways
- Pope may pursue an appeal despite not having filed a timely notice of appeal from the judgment and sentence.
- The appellate opinion itself will serve as the notice of appeal when filed with the trial court.
- The ruling restores Pope’s appellate opportunity but does not decide the merits of his criminal case or any appellate issue.
Why It Matters
The decision illustrates the procedural remedy available when a criminal defendant is entitled to a belated appeal under Florida’s appellate rules. By treating the opinion as the notice of appeal, the court permits appellate proceedings to begin without requiring Pope to file a separate notice.