Miller v. State

Frank J. Miller, Jr. seeks a belated appeal of both his judgment and sentence and the denial of a rule 3.850 motion for postconviction relief. Miller is not entitled to an appeal of his judgment and sentence because the petition was filed more than two years after his judgment and sentence became final. He is, however, entitled to an appeal from the order denying his motion for postconviction relief because the order did not inform him of his right to appeal. See Arizmendi v. State, 894 So.2d 309 (Fla. 5th DCA 2005) (citing Pippin v. State, 616 So.2d 1182 (Fla. 1st DCA 1993)).

The petition for…