         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                  _____________________________

                          No. 1D18-3056
                  _____________________________

AKAMAU JOHNSON,

    Petitioner,

    v.

STATE OF FLORIDA,

    Respondent.
                  _____________________________


Petition for Belated Appeal—Original Jurisdiction.


                          July 9, 2019


PER CURIAM.

    The petition for belated appeal is denied on the merits.

WETHERELL and M.K. THOMAS, JJ., concur; MAKAR, J., dissents
with opinion.

                  _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________
MAKAR, J., dissenting.

     The hearing officer in this case read the petitioner’s factual
allegations too narrowly in concluding that no factual issues exist
and that the only issue presented is “strictly a matter of law.”
Rather, Petitioner says he was transferred from one institution to
another, and was thereafter in lockdown for ten days, resulting in
denial of access to his “legal work,” which may include legal
papers, correspondence, orders, and so on. The current record
fails to establish when Petitioner received the order at issue he
seeks to appeal; presumably some mail log exists to show when
he received it. Because the trial court deemed the matter a purely
legal issue, no factual findings were made on this important
factual point. For these reasons, an amended Staley order is
appropriate.

                 _____________________________


Akamau Johnson, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.




                                2
