What does this decision mean?

The appellate court allowed the late appeal, and its opinion will serve as the formal notice of appeal from the February 17, 2026 judgment and sentence.

Who is affected by this ruling?

Petitioner Charles Jeffrey McPherson is affected because he now has an appeal in the appellate court; the State is the respondent.

The opinion will be filed with the trial court as the notice of appeal, and normal appellate procedures will proceed unless a timely authorized motion under the cited rules is filed.

Can this decision be challenged?

The opinion is not final until any timely and authorized motions under Fla. R. App. P. 9.330 or 9.331 are resolved, so parties may seek those post-opinion motions if applicable.

Charles Jeffrey McPherson v. State of Florida

Docket 5D2026-1015

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Habeas CorpusGranted

Filed: Apr 24, 2026 · 1 week ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Habeas Corpus
Disposition: Granted
Docket: 5D2026-1015

Petition for belated appeal pursuant to Florida appellate procedure seeking permission to appeal a February 17, 2026 criminal judgment and sentence.

Summary

The Florida Fifth District Court of Appeal granted Charles Jeffrey McPherson's petition for a belated appeal. The court ordered that this opinion be filed with the trial court and treated as the notice of appeal from the February 17, 2026 judgment and sentence in Clay County Circuit Court case number 10-2025-CF-874-A, under Florida Rule of Appellate Procedure 9.141(c)(6)(D). The court issued its disposition without the State appearing and noted that the decision is not final until any timely authorized post-opinion motions are resolved.

Issues Decided

Whether the petitioner is entitled to a belated appeal from the February 17, 2026 judgment and sentence.
Whether the district court should treat its opinion as the notice of appeal under Fla. R. App. P. 9.141(c)(6)(D).

Court's Reasoning

The court granted the petition, concluding that the procedural requirements for allowing a belated appeal were satisfied and that entry of this opinion should serve as the notice of appeal. It relied on the mechanism in the Florida Rules of Appellate Procedure that permits the appellate court to direct that its opinion be treated as a notice of appeal when a belated appeal is warranted. The absence of a response from the State did not prevent the grant.

Authorities Cited

Florida Rule of Appellate Procedure 9.141(c)(6)(D)

Parties

Petitioner: Charles Jeffrey McPherson
Respondent: State of Florida
Attorney: Charlie Cofer, Public Defender
Attorney: Michael Kennedy, Assistant Public Defender
Judge: PER CURIAM (JAY, C.J., MAKAR, and LAMBERT, JJ., concur)

Key Dates

Court decision date: 2026-04-24
Judgment and sentence date: 2026-02-17

What You Should Do Next

1
File opinion with trial court
Clerk should file the district court opinion in the trial court file and treat it as the notice of appeal for Case No. 10-2025-CF-874-A.
2
Prepare appellate record
Appointed appellate counsel should ensure the record on appeal is prepared and transmitted according to Florida appellate procedures.
3
Consider post-opinion motions
Parties and counsel should evaluate whether to file timely authorized motions under Fla. R. App. P. 9.330 or 9.331, since the decision is not final until those are resolved.

Frequently Asked Questions

What does this decision mean?: The appellate court allowed the late appeal, and its opinion will serve as the formal notice of appeal from the February 17, 2026 judgment and sentence.
Who is affected by this ruling?: Petitioner Charles Jeffrey McPherson is affected because he now has an appeal in the appellate court; the State is the respondent.
What happens next?: The opinion will be filed with the trial court as the notice of appeal, and normal appellate procedures will proceed unless a timely authorized motion under the cited rules is filed.
Can this decision be challenged?: The opinion is not final until any timely and authorized motions under Fla. R. App. P. 9.330 or 9.331 are resolved, so parties may seek those post-opinion motions if applicable.

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. 5D2026-1015
                  LT Case No. 10-2025-CF-874-A
                  _____________________________

CHARLES JEFFREY MCPHERSON,

    Petitioner,

    v.

STATE OF FLORIDA,

    Respondent.
                  _____________________________


Petition for Belated Appeal.
A Case of Original Jurisdiction.

Charlie Cofer, Public Defender, and Michael Kennedy, Assistant
Public Defender, Green Cove Springs, for Petitioner.

No Appearance for Respondent.

                          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 be treated as the
notice of appeal from the February 17, 2026 judgment and
sentence rendered in Case No. 10-2025-CF-874-A, in the Circuit
Court in and for Clay County, Florida. See Fla. R. App. P.
9.141(c)(6)(D).

    PETITION GRANTED.
JAY, C.J., MAKAR, and LAMBERT, 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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