Padilla v. State
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT RICARDO PADILLA, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D13-4062 Opinion filed April 17, 2015. Appeal from the Circuit Court for Charlotte County; George C. Richards, Judge. Howard L. Dimmig, II, Public Defender, and Tim Bower Rodriguez, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. KHOUZAM, Judge. Ricardo Padilla challenges the order partially denying and partially granting his motion to correct illegal sentence. Padilla's notice of appeal is untimely as to this postconviction order. See Taylor v. State, 140 So. 3d 526, 528 (Fla. 2014) ("[A]n order disposing of a postconviction motion which partially denies and partially grants relief is a final order for purposes of appeal, even if the relief granted requires subsequent action in the underlying case, such as resentencing."). However, we conclude that Padilla is entitled to a belated appeal because the postconviction court incorrectly advised Padilla to file his notice of appeal within 30 days of resentencing and Padilla apparently relied on the postconviction court's instructions, filing his notice of appeal within that time frame. Ultimately, we affirm the denial of Padilla's claim without comment. Affirmed. CASANUEVA and CRENSHAW, JJ., Concur. -2-
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