Reginald Johnson v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMay 15, 2020
Docket1D20-0030
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-0030
_____________________________
REGINALD JOHNSON,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
Petition for Belated Appeal—Original Jurisdiction.
May 15, 2020
ON MOTION FOR REHEARING
PER CURIAM.
The motion for rehearing is granted. The previous opinion
issued on February 18, 2020, is withdrawn, and in its stead, the
following is issued as the decision of the Court.
This case involves the question of whether Petitioner is
entitled to a belated appeal arising from the denial of his post-
conviction and rehearing motions in the trial court. We initially
denied relief, but now grant Petitioner’s motion for rehearing and
remand for an evidentiary hearing. Two focal points of the inquiry
are whether Petitioner failed to receive the August 4, 2017, order
denying his motion for rehearing in the trial court (he has attached
records showing his legal mail in August 2017 was returned to
senders due to the institution’s inability to match his name with
an inmate number) and whether his failure to learn of the order
until over two years later is excusable given that he had hired
private legal counsel on August 22, 2017, to protect his interests
and legal counsel failed to do so (he has attached a letter apprizing
his attorney of the pending motion for rehearing and his concern
that it could be decided “at any time” ).
MAKAR, BILBREY, and JAY, JJ., concur.
_____________________________
Reginald Johnson, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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