Carliss M. Johnson v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CARLISS M. JOHNSON, Appellant, v. Case No. 5D16-315 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 24, 2016 Non-Final Appeal from the Circuit Court for Volusia County, Sandra C. Upchurch, Judge. James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Carliss M. Johnson appeals the trial court’s Order Denying Motion for Reconsideration regarding his involuntary civil commitment pursuant to the Jimmy Ryce Act. “Generally, an appellate court is not authorized to grant a belated appeal in a civil proceeding as the filing of the notice of appeal is jurisdictional.” In re Commitment of May, 975 So. 2d 579, 580 (Fla. 2d DCA 2008). However, in a Jimmy Ryce case, an individual may seek belated appeal by filing a petition for writ of habeas corpus in the circuit court. Id. at 581-82. In the instant appeal, the trial court summarily denied Johnson’s petition without addressing the merits of his claim. Accordingly, we remand this case for the trial court to determine on the merits whether Johnson is entitled to a belated appeal from his civil commitment. REVERSED and REMANDED. SAWAYA, BERGER and WALLIS, JJ., concur. 2

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