Background
Michael Marrero Delgado, proceeding without counsel, filed an original proceeding in the Florida First District Court of Appeal seeking a writ of belated appeal.
The State of Florida made no appearance. The court’s brief per curiam opinion did not describe the underlying case, Delgado’s grounds for seeking a belated appeal, or the procedural history preceding the petition.
The Court’s Holding
The First District Court of Appeal denied Delgado’s petition for a writ of belated appeal.
The court provided no reasoning or discussion of the governing legal standard. Judges Ray, Bilbrey, and Winokur concurred in the per curiam disposition.
Key Takeaways
- The court denied Delgado’s request for a belated appeal.
- The decision was issued per curiam without an accompanying explanation.
- The opinion was not final until disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331.
Why It Matters
The disposition ends Delgado’s effort in this proceeding to obtain a belated appeal, subject to any timely and authorized post-decision motion. Because the court supplied no factual or legal analysis, the opinion offers no stated rationale or substantive guidance for future belated-appeal petitions.