Is an appeal of right automatic?
No, an appeal of right in Florida is not automatic. An appeal of right is a type of legal appeal that does not require permission from the court or another party in order to proceed. In Florida, a person has the right to appeal a criminal conviction or sentence but they must take affirmative steps to do so. The appeal process begins by filing a Notice of Appeal with the court within thirty (30) days of the conviction or sentence. If this window of time is missed, then the person must ask the court for permission to file a Late Notice of Appeal. Permission for a late appeal is rarely granted. Once the Notice of Appeal is filed, the record from the original trial is collected and presented to the appellate court, which can affirm, reverse, or modify the conviction or sentence.
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