| Date Docketed | Description | Filed By | Notes |
| 07/21/2021 | Notice of Appeal Filed | Alvin Mitchell | HC Denial |
| 07/21/2021 | Acknowledgment Letter | | |
| 07/22/2021 | ORD-For Untimely Filing - Criminal Appeal | | This court has received a Notice of Appeal in the above case which appears to be untimely. If the Notice is untimely, then this court does not have jurisdiction to hear the appeal. The Notice of Appeal shows that Defendant (who is incarcerated) gave the Notice to prison authorities on July 15, 2021, which appears to be more than thirty (30) days after filing of the order being appealed on April 5, 2021. If the order being appealed was followed by a timely motion for rehearing or new trial, then the date of order would have been suspended until the date of disposition of the motion for new trial. It is therefore ORDERED that, within twenty (20) days from the date of this order, Defendant shall file in this court a conformed copy of any orders on motions for rehearing or new trial filed after the filing of the order being appealed. If Defendant is seeking a belated appeal, a sworn petition conforming to Florida Rule of Appellate Procedure 9.141(c) shall be filed within twenty (20) days. Any failure to comply timely with this order will result in the dismissal of this appeal as untimely. |
| 08/02/2021 | Petition for Belated Appeal | Alvin Mitchell | |
| 08/02/2021 | Appendix to Petition | Alvin Mitchell | |
| 08/04/2021 | NOA redesignated as Petition for Belated Appeal | | ORDERED that the above-styled Notice of Appeal is redesignated and shall proceed in this court as a Petition for Belated Appeal. |
| 08/05/2021 | Show Cause Why Belated Appeal not be Granted | | ORDERED that respondent, the State of Florida, shall file a response within twenty (20) days and show cause why a belated appeal should not be granted. Petitioner may file a reply within ten (10) days of service of the response. The parties shall discuss whether it is necessary to appoint a commissioner to make factual findings. |
| 08/19/2021 | Response | Richard Chambers Valuntas 0151084 | |
| 08/19/2021 | Appendix to Response | Richard Chambers Valuntas 0151084 | |
| 08/27/2021 | Reply to Response | Alvin Mitchell | |
| 09/13/2021 | ORD-Grant HC Belated Appeal-Summary Appeal | | ORDERED that, having considered the State’s response, which does not oppose the relief requested, the petition for belated appeal is granted. In accordance with Florida Rule of Appellate Procedure 9.141(c)(6)(D), this order shall be filed with the lower tribunal and treated as the notice of appeal for the April 5, 2021 order denying petitioner’s petition for writ of habeas corpus, which was treated as an untimely and successive motion for postconviction relief. The appeal shall proceed as a summary postconviction denial pursuant to Florida Rule of Appellate Procedure 9.141(b)(2). Upon receipt, the clerk of the lower court shall certify a copy of this order to this court in accordance with Florida Rule of Appellate Procedure 9.040(g). The appeal shall proceed under a new case number, which shall be assigned upon receipt in this court of the certified order. CONNER, C.J., GERBER and KUNTZ, JJ., concur. |
| 09/13/2021 | Granted - Order by Judge | | |
| 02/17/2022 | ORD-Denying Rehearing | | ORDERED that appellant's February 2, 2022 motion for written opinion is denied. |
| 02/17/2022 | Order Vacated | | ORDERED that this court's February 17, 2022 order is vacated as issued in error. |