Background
Charleston Griner, proceeding pro se, filed an amended petition for a belated appeal in the Florida Fifth District Court of Appeal. The petition arose from his criminal case in the Circuit Court in and for Duval County, Florida.
Griner sought to appeal the trial court’s June 29, 2026 order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.800(a).
The Court’s Holding
The Fifth District granted Griner’s amended petition for a belated appeal. The court did not address the merits of his Rule 3.800(a) motion or the trial court’s reasons for denying it.
Under Florida Rule of Appellate Procedure 9.141(c)(6)(D), the court directed that a copy of its opinion be filed with the trial court and treated as Griner’s notice of appeal from the June 29, 2026 order.
Key Takeaways
- Griner may pursue a belated appeal from the order denying his Rule 3.800(a) motion.
- The appellate opinion itself will serve as the notice of appeal when filed with the trial court.
- The decision grants procedural relief only and does not decide the merits of Griner’s postconviction claims.
Why It Matters
The ruling restores Griner’s opportunity to obtain appellate review of the order denying postconviction relief. It also illustrates the remedy Florida appellate procedure provides when a belated appeal is granted: the granting opinion is transmitted to the trial court and treated as the notice of appeal.