Suarez v. State

Defendant, Mario H. Suarez, was prevented from timely appealing the trial court’s denial of his original 3.850 motion for post-conviction relief because he did not receive timely notice of that denial. We thus treat defendant’s “Petition for Review of Belated Appeal of 3.850 Denial” as a petition for writ of habeas corpus for belated appeal and reach the merits of the appeal of the denial of his original 3.850 motion. See Fla. R.App. P. 9.040(c); Hildebrand v. Singletary, 666 So .2d 274 (Fla. 4th DCA 1996); Button v. State, 641 So.2d 106 (Fla. 2d DCA), rev. denied, 645 So.2d 450 (Fla.1994);…