Jones v. Moore

Willie James Jones seeks a belated appeal, stating that he timely gave a notice of appeal to prison officials for mailing but the notice never reached its intended destination, the clerk of the circuit court. The state opposes the petition on authority of Alterisio v. State, 704 So.2d 164 (Fla. 5th DCA 1997). We find Alterisio distinguishable because petitioner here has made his allegations under oath and has provided evidence that he gave a document to prison officials for mailing on the day in question.

Upon consideration of the above, the petition for belated appeal of the order of…