The Third Appellate District granted a petition for writ of habeas corpus. The court held that a trial court erred in rejecting a notice of appeal proffered to the courtroom clerk at the time of sentencing.

On June 19, 2007, a jury found defendant David Gray guilty of second degree murder. Shortly thereafter, and prior to entry of judgment by the trial court, Gray filed two notices of appeal from the judgment. On July 5, the court of appeal dismissed the two notices of appeal as premature. Remittitur issued on September 5, 2007.