In re AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.141, 992 So. 2d 233

PER CURIAM. Pursuant to our opinion in Sims v. State, No. SC05-400, _ So.2d _, 2008 WL 4354880 (Fla. Sept. 25, 2008), the Court on its own motion amends Florida Rule of Appellate Procedure 9.141(

c) to clarify the procedure for seeking belated discretionary review or belated appeal in this Court. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(d). Accordingly, Florida Rule of Appellate Procedure 9.141(

c) is amended as reflected in the appendix to this opinion. New language is indicated by underscoring. The amendment shall become effective immediately upon the release of this opinion. Because the Court did not publish the amendment for comment prior to its adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court. It is so ordered. QUINCE, C.J., and ANSTEAD, PARIENTE, and LEWIS, JJ., concur. WELLS, J., dissents with an opinion, in which BELL, J., and CANTERO, Senior Justice, concur. .

An original and nine paper copies of all comments must be filed with the Court on or before November 24, 2008, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Electronic copies of all comments also must be filed in accordance with the Court’s administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004) (on file with Clerk, Fla. Sup. Ct.).