On July 2, 2026, the Fifth District Court of Appeal granted Johnny Preston Atkinson’s petition for a belated appeal in a criminal case out of Putnam County. The Office of the Public Defender represented Atkinson and no appearance was made by the State.
What the Court Decided
The Fifth DCA granted the petition. That means Atkinson will now get to pursue a direct appeal of his conviction and sentence—even though the standard deadline to file a notice of appeal had already passed. The court directed that a copy of the opinion be treated as the notice of appeal from the April 10, 2025 judgment and sentence in the Putnam County circuit court case.
What Is a Belated Appeal?
In Florida, a criminal defendant generally has 30 days after sentencing to file a notice of appeal. Miss that window, and the right to appeal is gone—unless you can show the deadline was missed through no fault of your own.
A belated appeal is the procedural mechanism for getting that second chance. It comes before the appellate court as an original proceeding—a petition asking the court to treat the late filing as if it were timely. Common grounds include situations where a defendant was never told they had the right to appeal, or where their attorney failed to file the notice after being asked to do so.
When a petition for belated appeal is granted, the appellate court’s opinion itself is filed with the trial court and treated as the notice of appeal. That is exactly what happened here.
Why This Matters
For defendants who discovered too late that they had the right to appeal—or whose attorneys dropped the ball—a belated appeal can be a lifeline. The Florida appellate rules provide for this relief specifically because missing a deadline should not always be the end of the road. Atkinson’s case is a straightforward example of the process working: the petition was filed, the court found the grounds sufficient, and the appeal is now moving forward.
Read the full opinion: Atkinson v. State, No. 5D2026-1808 (Fla. 5th DCA July 2, 2026)
How Sanchez Vaughn Trial Lawyers Can Help
If you were convicted in Florida and your attorney never filed an appeal—or you were never told you had the right to one—you may still have options. At Sanchez Vaughn Trial Lawyers, we evaluate whether a belated appeal or other post-conviction relief is available in your situation, even when the standard deadlines have passed. Reach out to us for a confidential review of your case.