What did the court decide?

The appellate court granted Troche's petition for a belated appeal and treated this opinion as the notice of appeal from the December 15, 2025 order denying his postconviction motion.

Who is affected by this decision?

Jose Manuel Troche is directly affected because the decision restores his ability to seek appellate review of the denial of his postconviction relief.

The opinion will be filed with the trial court and functions as the notice of appeal, enabling appellate proceedings to begin under the applicable rules.

Can this ruling be challenged further?

The opinion notes it is not final until disposition of any timely and authorized motions under Fla. R. App. P. 9.330 or 9.331, so standard post-decision motions may be available.

Jose Manuel Troche v. State of Florida

Docket 5D2026-0992

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: 5D2026-0992

Original petition to the appellate court seeking permission to file a belated appeal from the denial of a postconviction motion.

Summary

The Fifth District Court of Appeal granted Jose Manuel Troche's petition for a belated appeal. The court directed that this opinion be filed with the trial court and treated as the notice of appeal from the December 15, 2025 order that denied Troche's postconviction motion in Hernando County Circuit Court case 2022-CF-000614-A. The grant restores Troche's right to pursue appellate review of the denial of postconviction relief under Florida appellate procedure.

Issues Decided

Whether the petitioner was entitled to a belated appeal from the circuit court's December 15, 2025 order denying postconviction relief.
Whether the appellate court should treat its opinion as the notice of appeal under Florida Rule of Appellate Procedure 9.141(c)(6)(D).

Court's Reasoning

The court concluded that the petition met the standards for a belated appeal and therefore granted relief. By granting the petition, the court exercised original jurisdiction to allow appellate review and directed that this opinion serve as the notice of appeal to effectuate that review under the applicable rule. The decision restores the procedural vehicle for the petitioner to challenge the denial of his postconviction motion.

Authorities Cited

Florida Rule of Appellate Procedure 9.141(c)(6)(D)Fla. R. App. P. 9.141(c)(6)(D)

Parties

Petitioner: Jose Manuel Troche
Respondent: State of Florida
Judge: Per Curiam (JAY, C.J., and HARRIS and BOATWRIGHT, JJ., concur)

Key Dates

Appellate decision date: 2026-04-24
Order denying postconviction relief: 2025-12-15

What You Should Do Next

1
Check filing in trial court
Confirm the opinion has been filed with the Hernando County circuit court and is being treated as the notice of appeal.
2
Consult appellate counsel
Consider consulting an attorney experienced in criminal appeals to prepare appellate briefs and preserve issues for appeal.
3
Monitor deadlines
Determine and comply with the appellate deadlines triggered by the notice of appeal and file any required briefs or motions on time.

Frequently Asked Questions

What did the court decide?: The appellate court granted Troche's petition for a belated appeal and treated this opinion as the notice of appeal from the December 15, 2025 order denying his postconviction motion.
Who is affected by this decision?: Jose Manuel Troche is directly affected because the decision restores his ability to seek appellate review of the denial of his postconviction relief.
What happens next?: The opinion will be filed with the trial court and functions as the notice of appeal, enabling appellate proceedings to begin under the applicable rules.
Can this ruling be challenged further?: The opinion notes it is not final until disposition of any timely and authorized motions under Fla. R. App. P. 9.330 or 9.331, so standard post-decision motions may be available.

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. 5D2026-0992
                  LT Case No. 2022-CF-000614-A
                  _____________________________

JOSE MANUEL TROCHE,

    Petitioner,

    v.

STATE OF FLORIDA,

    Respondent.
                  _____________________________


Petition for Belated Appeal.
A Case of Original Jurisdiction.

Jose Manuel Troche, Daytona Beach, pro se.

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 December 15, 2025, order denying
Defendant’s motion for postconviction relief rendered in Case No.
2022-CF-000614-A, in the Circuit Court in and for Hernando
County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

    PETITION GRANTED.
JAY, C.J., and HARRIS and BOATWRIGHT, 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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