Leon N. Wiley, Jr. v. State of Florida
Docket 5D2026-0863
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Florida
- Court
- District Court of Appeal of Florida
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Granted
- Docket
- 5D2026-0863
Petition for belated appeal from an order denying postconviction relief in a criminal case.
Summary
The Fifth District Court of Appeal granted Leon N. Wiley, Jr.'s pro se petition for a belated appeal. The court treated its opinion as the notice of appeal from the February 27, 2024 order denying Wiley's motions for postconviction relief in Flagler County Circuit Court Case No. 2019-CF-000303, and directed that a copy be filed with the trial court. The petition was granted under the Florida Rule of Appellate Procedure governing belated appeals, allowing Wiley to pursue appellate review despite missing the original appeal deadline.
Issues Decided
- Whether the petitioner is entitled to a belated appeal from the trial court's February 27, 2024 order denying postconviction relief
- Whether the appellate court may treat its opinion as the notice of appeal under the Florida appellate rules
Court's Reasoning
The court concluded that the circumstances warranted granting a belated appeal and invoked the Florida Rule of Appellate Procedure that allows the court to treat its opinion as the notice of appeal. By ordering that a copy be filed with the trial court and referencing the applicable rule, the court provided the procedural vehicle needed to preserve Wiley's right to appellate review despite the missed deadline.
Authorities Cited
- Florida Rule of Appellate Procedure 9.141(c)(6)(D)Fla. R. App. P. 9.141(c)(6)(D)
Parties
- Appellant
- Leon N. Wiley, Jr.
- Appellee
- State of Florida
- Judge
- MAKAR, EDWARDS, and HARRIS, JJ.
Key Dates
- Decision date
- 2026-04-24
- Order denying postconviction relief
- 2024-02-27
What You Should Do Next
- 1
File the opinion with the trial court
Ensure a copy of the appellate opinion is filed in the trial court as directed so it is treated as the notice of appeal under the rule.
- 2
Consult appellate counsel
Contact an attorney experienced in criminal appeals to prepare and file any necessary appellate briefs and to advise on deadlines and strategy.
- 3
Monitor deadlines
Confirm the appellate deadlines that follow treatment of this opinion as the notice of appeal and timely complete required filings.
Frequently Asked Questions
- What does this decision mean?
- The court allowed Wiley to file an appeal even though he missed the original deadline by granting a belated appeal and treating this opinion as the notice of appeal.
- Who is affected by this ruling?
- Leon N. Wiley, Jr. is the primary beneficiary because he can now pursue appellate review of the February 27, 2024 order denying his postconviction motions.
- What happens next?
- A copy of the opinion will be filed with the trial court and treated as the notice of appeal, enabling the appellate process to proceed under the Florida appellate rules.
- Can this decision be appealed further?
- The order granting a belated appeal is entered by the district court of appeal; further review would generally require seeking discretionary review from the Florida Supreme Court, but practical options depend on applicable rules and timelines.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2026-0863
LT Case No. 2019-CF-000303
_____________________________
LEON N. WILEY, JR.,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
Petition for Belated Appeal.
A Case of Original Jurisdiction.
Leon N. Wiley, Jr., Lowell, pro se.
No Appearance for Appellee.
April 24, 2026
PER CURIAM.
The petition for belated appeal is granted. A copy of this
opinion shall be filed with the trial court and treated as the notice
of appeal from the February 27, 2024, order denying his motions
for postconviction relief rendered in Case No. 2019-CF-000303, in
the Circuit Court in and for Flagler County, Florida. See Fla. R.
App. P. 9.141(c)(6)(D).
PETITION GRANTED.
MAKAR, EDWARDS, and HARRIS, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
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