PERRY C. BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Judge.
The order denying the petition for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 is affirmed, because this second petition either alleges matters which were or could have been raised on appeal, Bundy v. State, 490 So. 2d 1258 (Fla.1986), Rogers v. State, 467 So. 2d 819 (Fla. 5th DCA 1985) or which were previously raised in a 3.850 motion and denied. See Christopher v. State, 489 So. 2d 22 (Fla.1986).
But for the failure of the trial court to include in its order the language required by Rule 3.850 that the defendant has a right to appeal the order within 30 days of its rendition, this appeal would have been dismissed as untimely. Where a defendant has not been advised of the right to appeal the denial of a Rule 3.850 motion and the time limit for such appeal, an untimely notice of appeal will he treated as timely. State ex rel. Shevin v. District Court of Appeal of Florida, Third District, 316 So. 2d 50 (Fla.1975). We emphasize to the trial courts the importance of advising a defendant of this right. We therefore treat this appeal as timely filed, and affirm the order appealed from.
AFFIRMED.
DAUKSCH and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anderson v. State, 539 So. 2d 1192 (Fla. 5th DCA 1989)…ying post-conviction relief informed petitioner that he had the right to appeal within 30 days. Petitioner has not sufficiently demonstrated that someone other than himself is to blame for not taking an appeal at the proper time. Cf. Brown v. State, 502 So. 2d 1006 (Fla. 5th DCA 1987) (3.850 appeal treated as timely because trial court failed to inform defendant of his right to appeal); Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA 1985). PETITION DENIED. SHARP, C.J., ORFINGER and DANIEL, JJ., concur.…
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Thompson v. State, 549 So. 2d 824 (Fla. 1st DCA 1989)…ppellant’s petition for writ of habeas corpus is denied without prejudice to appel [*825] lant seeking a belated appeal from the denial of his motion for postconviction relief, filed December 22, 1987, and denied on January 12, 1988. Brown v. State, 502 So. 2d 1006 (Fla. 5th DCA 1987). SMITH, THOMPSON and MINER, JJ., concur,…
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COX v. State, 583 So. 2d 822 (Fla. 4th DCA 1991)…0 motion for post-conviction relief failed to state that appellant had the right to appeal, or the time limitations therefore. See State ex rel. Shevin v. District Court of Appeal of Florida, Third District, 316 So. 2d 50 (Fla.1975); Brown v. State, 502 So. 2d 1006 (Fla. 5th DCA 1987). However, we conclude that the trial court did not err in denying the 3.850 motion, and we therefore affirm. WARNER, GARRETT and FARMER, JJ., concur.…
Authorities Cited
- Tortoise Island Cmtys., Inc. v. The Moorings Ass'n, Inc., 489 So. 2d 22 (Fla. 1986)
- State of Fla. ex rel. Robert L. Shevin v. The Dist. Court OF Appeal of Fla., 316 So. 2d 50 (Fla. 1975)
- Rogers v. State, 467 So. 2d 819 (Fla. 5th DCA 1985)
- Bundy v. State, 490 So. 2d 1258 (Fla. 1986)