Background
Renaldo Devon McGirth, proceeding pro se, petitioned the Florida Fifth District Court of Appeal for permission to pursue a belated appeal. The proceeding arose from Marion County Circuit Court Case No. 42-2006-CF-2999-A.
McGirth sought to appeal the judgment and sentence rendered on July 14, 2024. The State of Florida opposed him through the Attorney General’s Office.
The Court’s Holding
The Fifth District granted McGirth’s petition for a belated appeal. The court did not address the merits of his challenges to the underlying judgment or sentence.
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 the notice of appeal from the July 14, 2024 judgment and sentence.
Key Takeaways
- McGirth may pursue a belated appeal from his judgment and sentence.
- The opinion itself will serve as the notice of appeal when filed with the trial court.
- The court made no ruling on the merits of the underlying criminal case.
Why It Matters
The decision restores McGirth’s opportunity for appellate review despite the absence of a timely notice of appeal. It is procedural relief only and does not disturb, reverse, or otherwise decide the validity of his conviction or sentence.