Cannon v. State

Cannon seeks a belated appeal of the trial court’s order which denied his post conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Based on the response filed by the state in this case, it appears that Cannon received the court’s summary denial of his motion at a time far in excess of the time within which to file an appeal, because he failed to provide the court with a return address. Thus, no state action was involved in his loss of his appeal rights, and a belated appeal is not appropriate. See Baggett v. Wainwright, 229 So.2d 239 (Fla.1969); Latimore v. State,…