RONNIE LEE THAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Ronnie Lee Thames sought a belated appeal in 1989 after his trial counsel, W. Paul Thompson, failed to file a notice of appeal despite Thames's request. The court granted the belated appeal and imposed sanctions on Thompson for violating his duty to file the notice of appeal, finding that financial inability to pay appeal costs does not excuse counsel's obligation to invoke appellate jurisdiction.
Trial counsel must file a notice of appeal when a convicted defendant expresses his desire to appeal, regardless of whether counsel is court-appointed or privately retained. The inability or refusal of the defendant to advance filing fees does not excuse this obligation, as defendants may be certified as indigent to waive fees or counsel may withdraw after filing the notice and appellate counsel will be appointed at public expense.
[1] When a convicted criminal defendant expresses a desire to take a direct appeal to trial counsel, counsel must file a notice of appeal.
[2] Failure to file a notice of appeal when requested by a client constitutes ineffective assistance of counsel, regardless of whether the attorney is court-appointed or priv…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When a convicted criminal defendant expresses his desire to trial counsel that he wishes to take a direct appeal, counsel must file a notice of appeal. Failure to do so constitutes ineffective assistance of counsel and this applies equally to both court-appointed attorneys and those privately-retained by defendant.”
Establishes the core legal duty of trial counsel to file a notice of appeal upon client request, regardless of retained or appointed status.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThames was convicted in 1985 of two counts of sexual battery and sentenced to imprisonment. After his motion for new trial was denied, Thames wrote to…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Belated Appeal cases and more on FLexlaw
PER CURIAM.
In 1985, Ronnie Lee Thames was tried and convicted of two counts of sexual battery and sentenced to a term of imprisonment. In July, 1989, Thames filed a petition for writ of habeas corpus with this court seeking a belated appeal. The petition alleged that after a motion for new trial was denied, Thames wrote to his privately-retained trial counsel, W. Paul Thompson, and advised him that he wished to undertake an appeal. Thompson then contacted Thames’ brother, who had been financially responsible for the trial representation, and stated that an additional payment would have to be made. When satisfactory arrangements were not made, Thompson took no further action.
We issued an order to show cause and the state’s response indicated it did not oppose the relief sought. It stated that under ordinary circumstances it would ask that jurisdiction be relinquished to the lower tribunal for an evidentiary hearing but “in view of counsel Thompson’s abysmal record of ineffectiveness before this court ..., respondent agrees that the interests of justice would be best served by granting petitioner a belated appeal without requiring an evidentiary hearing.” Accordingly we granted Thames a belated appeal and, in the same order, we directed W. Paul Thompson to show cause why sanctions should not be imposed against him.1 In his response, Thompson takes the position that he fulfilled his obligations to his client by advising him and his family of the financial deposit needed to undertake the appeal or, in the alternative, offering to contact the public defender’s office on Thames’ behalf. We do not agree.
When a convicted criminal defendant expresses his desire to trial counsel that he wishes to take a direct appeal, counsel must file a notice of appeal. Failure to do so constitutes ineffective assistance of counsel and this applies equally to both court-appointed attorneys and those privately-retained by defendant. State v. Meyer, 430 So. 2d 440 (Fla.1983); Long v. Wainwright, 474 So. 2d 7 (Fla. 1st DCA 1985).
It is not necessary to tender a filing fee at the time a notice of appeal is filed, Williams v. State, 324 So. 2d 74 (Fla.1975), and therefore the refusal or inability of Thames or his family to advance these funds does not excuse counsel’s obligation to properly invoke appellate jurisdiction. If the client cannot pay the fee, he can be certified as indigent and it will be waived, section 57.081(1), Florida Statutes.2 If the defendant is unable to pay his private trial counsel to represent him on appeal, counsel may move to withdraw after filing the notice of appeal and appellate counsel will be appointed at public expense. Fla.R.App.P. 9.140(b)(3); § 27.51(4), Fla.Stat.; Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963). This court’s continuing problems with the performance of W. Paul Thompson as appellate counsel have been well-documented in published opinions imposing sanctions. See McClain v. Florida Power & Light Co., 523 So. 2d 1245 (Fla. 1st DCA 1988); Ferguson v. Ferguson, 504 So. 2d 541 (Fla. 1st DCA 1987).
We find that his failure to timely file a notice of appeal when requested by his client is a breach of Rule 9.140(b)(3) and justifies the imposition of sanctions.
Accordingly, the publication of this opinion in the Southern Reporter, Second Series, shall serve as a public reprimand and a copy of the opinion will be furnished to the Florida Bar Grievance Committee for consideration of additional sanctions.
SMITH, THOMPSON and MINER, JJ., concur. . We also relinquished jurisdiction to the trial court which has appointed Jeffrey P. Whitton to represent appellant before this court.
. If he is able to pay the filing fee and costs of preparation of the record but refuses to do so, the appeal may ultimately be dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Viqueira v. Roth, 591 So. 2d 1147 (Fla. 3d DCA 1992)…iling the notice of appeal (and the accomplishment of certain preliminary steps in the appeal) is that of trial counsel in a criminal case. See Fla.R.App.P. 9.140(b)(3)(A); Turner v. State, 588 So. 2d 1042, 1044 (Fla. 5th DCA 1991); Thames v. State, 549 So. 2d 1198 (Fla. 1st DCA 1989); see also § 27.51(4), Fla.Stat. (1989) (public defender cases). Although the procedure has changed as a result of State v. District Court of Appeal, First District, the substantive principles governing such relief have not. See T…
-
Jordan v. State, 728 So. 2d 748 (Fla. 3d DCA 1998)…reasoning is flawed. In criminal cases, it is the responsibility of trial counsel to file a timely notice of appeal in order to preserve the defendant’s appellate rights. See Short v. State, 596 So. 2d 502, 503 (Fla. 1st DCA 1992); Thames v. State, 549 So. 2d 1198, 1199 (Fla. 1st DCA 1989), see also State v. District Court of Appeal, First District, 569 So. 2d 439, 441 (Fla.1990); State v. Meyer, 430 So. 2d 440, 443 (Fla.1983); Viqueira v. Roth, 591 So. 2d 1147, 1148-49 (Fla. 3d DCA 1992). This allows time fo…
-
Short v. State, 596 So. 2d 502 (Fla. 1st DCA 1992)…appeal his [*503] conviction, counsel’s failure to file a timely notice of appeal constitutes ineffective assistance of counsel, “and this applies equally to both court-appointed attorneys and those privately-retained by defendant.” Thames v. State, 549 So. 2d 1198, 1199 (Fla. 1st DCA 1989), citing State v. Meyer, 430 So. 2d 440 (Fla.1983); Long v. Wainwright, 474 So. 2d 7 (Fla. 1st DCA 1985), review denied, 482 So. 2d 350 (Fla.1986). Accord Dortch v. State, 588 So. 2d 342 (Fla. 4th DCA 1991); Turner v. State,…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Douglas v. California, 372 U.S. 353 (U.S. 1963)
- Williams v. State, 324 So. 2d 74 (Fla. 1975)
- State v. Meyer, 430 So. 2d 440 (Fla. 1983)
- McCLAIN v. Fla. Power & Light Co., 523 So. 2d 1245 (Fla. 1st DCA 1988)
- Ferguson v. Ferguson, 504 So. 2d 541 (Fla. 1st DCA 1987)
- Long v. Louie L. Wainwright, 474 So. 2d 7 (Fla. 1st DCA 1985)