MILLER v. STATE

No. 5D10-1166.

35 So.3d 1016 (2010)

Frank J. MILLER, Jr., Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

May 28, 2010.


Attorney(s) appearing for the Case

Frank J. Miller, Jr., Milton, pro se.

Bill McCollum, Attorney General, Tallahassee and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent.


PER CURIAM.

Frank J. Miller, Jr. seeks a belated appeal of both his judgment and sentence and the denial of a rule 3.850 motion for postconviction relief. Miller is not entitled to an appeal of his judgment and sentence because the petition was filed more than two years after his judgment and sentence became final. He is, however, entitled to an appeal from the order denying his motion for postconviction relief because the order did not inform him of his right to...

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