Legal Opinion

Battles v. State

District Court of Appeal of Florida

Decided May 11, 2006No. 1D06-0433Published

1Per curiam

George' Battles seeks a belated appeal from an order which extended his term of probation. Petitioner has provided undisputed evidence that the trial judge failed to advise him of his right to appeal. The state opposes the petition, contending that this court should find that Battles is estopped to challenge the extended proba*770tion because he accepted the benefit of the extension to avoid a prison sentence and/or because petitioner waived his right to appeal. We find that these arguments are not relevant to the issue of whether Battles is entitled to a belated appeal. State v. Trowell, 739…

2Cases cited3 opinions

  1. State v. TrowellSupreme Court of Florida · 1999
  2. Byrd v. StateDistrict Court of Appeal of Florida · 2005
  3. Turner v. StateDistrict Court of Appeal of Florida · 1999

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