Morris v. State

By sworn petition seeking belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j), petitioner asserts that he timely requested that court appointed counsel file a notice of appeal of his judgment and sentence rendered April 10, 1996. The state opposes the petition contending that it is untimely. The state argues that the petition for belated appeal was filed more than two years after the judgment and sentence became final and is thus time barred pursuant to Florida Rule of Criminal Procedure 3.850(b). However, before the two year time limit of rule 3.850 expired, Florida Rule…