IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
SHERLIN HERARD, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Petitioner, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D17-1405
STATE OF FLORIDA,
Respondent.
_____________________________/
Opinion filed September 13, 2017.
Petition for Belated Appeal – Original Jurisdiction.
Sherlin Herard, pro se, Petitioner.
Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney
General, Tallahassee, for Respondent.
PER CURIAM.
This petition seeks belated appeal of a judgment and sentence. Although a
timely notice of appeal was originally filed and docketed in this Court as case
number 1D16-4231, appellate counsel failed to file the initial brief, and the result
was dismissal of the direct appeal. Accordingly, we grant the petition, reinstate
petitioner’s appeal in case number 1D16-4231, and relinquish jurisdiction to the
lower court for a period of thirty days to appoint substitute appellate counsel in that
proceeding. Substitute counsel shall have thirty days from the date of appointment
by the lower court within which to ensure transmittal of the record on appeal to this
Court and thirty days thereafter in which to file appellant’s initial brief.
ROWE, MAKAR, and JAY, JJ., CONCUR.
2