JOSEPH BAXTER, PETITIONER,
v.
GAVIN K. LETTS, ETC., ET AL., RESPONDENTS
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Florida Supreme Court vacated a district court decision that increased Baxter's sentence on the State's appeal because Baxter was denied his constitutional right to counsel during that appellate proceeding.
An indigent defendant has a constitutional right to counsel when the State appeals a downward-departure sentence to the district court.
[1] An indigent defendant has a constitutional right to counsel when the State appeals a downward-departure sentence to the appellate court.
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Join FLexlaw to unlock all legal intelligenceBaxter received a downward-departure sentence. The State appealed to the Fourth District Court of Appeal, which reversed the sentence and increased Ba…
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PER CURIAM.
Petitioner, Joseph Baxter, seeks relief by either a writ of mandamus or habe- as corpus. We treat the petition as a petition for habeas corpus and have jurisdiction pursuant to article V, section 3(b)(9), of the Florida Constitution. Baxter seeks relief from the Fourth District Court of Appeal’s decision in State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA 1991), in which the district court reversed his downward-departure sentence in an appeal by the State. The district court’s decision resulted in an increase of three years’ incarceration for Baxter. Baxter seeks habeas corpus relief on the grounds that he was not represented in the State’s appeal to the Fourth District, that he was indigent, that he was incarcerated, and that he was without actual notice of the State’s appeal. The notice of appeal was sent to Baxter’s trial counsel, who did not represent him in the appeal.
Baxter has a constitutional right to counsel in the State’s appeal to the district court. Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963); Hooks v. State, 253 So. 2d 424 (Fla.1971), cert. denied, 405 U.S. 1044, 92 S.Ct. 1330, 31 L.Ed.2d 587 (1972); McDaniel v. State, 219 So. 2d 421 (Fla.1969). Accordingly, we vacate the district court’s decision, and direct that the district court proceed anew with the State’s appeal once Baxter is properly represented by counsel.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Carrick A. Scates v. State, 603 So. 2d 504 (Fla. 1992)…t section 893.-13(l)(e)(l) required the imposition of a minimum mandatory sentence of three years. Accord State v. Lane, 582 So. 2d 77 (Fla. 4th DCA1991); State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA1991), vacated on other grounds, Baxter v. Letts, 592 So. 2d 1089 (Fla.1992); State v. Liataud, 587 So. 2d 1155 (Fla. 4th DCA1991), review granted, 593 So. 2d 1052 (Fla.1992). Section 893.13(l)(e)(l) provides that individuals convicted of manufacturing, selling, delivering, or purchasing cocaine within 1000 feet…
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Fletcher Anderson v. State, 632 So. 2d 1016 (Fla. 1993)…vacate the decision of the Second District Court of Appeal in so far as it affects the Petitioner and direct that Court to allow Petitioner to pursue his appeal (Case No. 90-02350), 632 So. 2d 1016 with court appointed counsel. See Baxter v. Letts, 592 So. 2d 1089 (Fla. 1992).…
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State v. Manning, 595 So. 2d 307 (Fla. 4th DCA 1992)…ward departure sentence imposed upon appellant after his conviction of violation of sections 893.13(1)(e) and 893.03(2)(a)4, Florida Statutes (1991). See State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA 1991), vacated on other grounds, Baxter v. Letts, 592 So. 2d 1089 (Fla.1992). See also State v. Liataud, 587 So. 2d 1155 (Fla. 4th DCA 1991), juris. accepted, No. 78,626, 593 So. 2d 1052 (Fla. Feb. 12, 1991); State v. Baumgardner, 587 So. 2d 1147 (Fla. 4th DCA 1991); State v. Scates, 585 So. 2d 385 (Fla. 4th DCA 1…
Previewing 3 of 5 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)
- Hooks v. State, 253 So. 2d 424 (Fla. 1971)
- State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA 1991)
- Marcelin v. New York, 405 U.S. 1044 (U.S. 1972)
- Fentress v. Illinois, 405 U.S. 1044 (U.S. 1972)
- McDANIEL v. State, 219 So. 2d 421 (Fla. 1969)