Background
Lebron Sakhael Jacobs petitioned the Florida Fifth District Court of Appeal for permission to pursue a belated appeal. The proceeding was an original-jurisdiction matter arising from his criminal case in the Circuit Court in and for Duval County, Florida.
Jacobs sought to appeal the judgment and sentence rendered on June 1, 2026, in trial-court Case No. 16-2024-CF-10886-A. The State filed no appearance in the appellate proceeding.
The Court’s Holding
The Fifth District granted Jacobs’s petition for a belated appeal. The court directed that a copy of its opinion be filed with the trial court and treated as Jacobs’s notice of appeal from the June 1, 2026 judgment and sentence.
The court relied on Florida Rule of Appellate Procedure 9.141(c)(6)(D), which provides the mechanism for commencing the appeal after a petition for belated appeal is granted.
Key Takeaways
- Jacobs may pursue a belated appeal from his criminal judgment and sentence.
- The appellate opinion itself will serve as the notice of appeal when filed with the trial court.
- The ruling addresses appellate timing and procedure, not the merits of Jacobs’s conviction or sentence.
Why It Matters
The decision restores Jacobs’s opportunity to obtain appellate review despite the absence of a timely notice of appeal. It also illustrates the procedural remedy available under Florida appellate rules when a district court grants belated-appeal relief.