JEREMIAH WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant's claim of ineffective assistance of counsel for failing to file an appeal after being requested to do so is colorable and requires further proceedings.
Williams alleged his trial counsel failed to file an appeal despite his request. The trial court summarily denied his motion for post-conviction relie…
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PER CURIAM.
Jeremiah Williams has appealed an order of the trial court summarily denying his motion for post-conviction relief pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Williams’ motion alleged ineffective assistance of trial counsel based on counsel’s failure to file an appeal, despite Williams’ request that he do so. We reverse, and remand for further proceedings.
A defendant who seeks a right to belated appeal based upon ineffective assistance of counsel must raise the issue in the trial court in a motion pursuant to Rule 3.850. Mack v. State, 586 So. 2d 1266 (Fla. 1st DCA 1991), citing State v. District Court of Appeal, 569 So. 2d 439 (Fla.1990). An allegation that the defendant made a timely request for appeal which counsel failed to honor creates a colorable claim of ineffective assistance, requiring either an evidentiary hearing or attachment of those portions of the record negating the allegation. Dortch v. State, 588 So. 2d 342 (Fla. 4th DCA 1991); Smith v. State, 592 So. 2d 1208 (Fla. 2d DCA 1992).
Here, Williams’ motion alleged that his trial counsel failed to file an appeal, despite Williams’ request that he do so. The trial court summarily denied the motion without explanation. Based on the foregoing authority, that ruling must be reversed, and the case remanded for further proceedings on Williams’ motion.
Reversed and remanded.
JOANOS, C.J., and ERVIN and MINER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Owens v. State, 643 So. 2d 105 (Fla. 1st DCA 1994)…dant made a timely request to appeal which counsel failed to honor creates a colorable claim of ineffective assistance, requiring either an evidentiary hearing or attachment of those portions of the record negating the allegation. Williams v. State, 596 So. 2d 501 (Fla. 1st DCA 1992). Entitlement to-relief under such a motion is not dependent on any preliminary showing on the merits. Wimberly v. State, 634 So. 2d 231, 232 (Fla. 1st DCA 1994); Viqueira v. Roth, 591 So. 2d 1147, 1148-49 (Fla. 3d DCA 1992). Ac…
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Jackson v. State, 599 So. 2d 266 (Fla. 1st DCA 1992)…timely request for appeal which counsel failed to honor creates a colorable claim of ineffective assistance of counsel, requiring either an evidentiary hearing or attachment of those portions of the record negating the allegation. Williams v. State, 596 So. 2d 501 (Fla. 1st DCA 1992). In this case, the trial court denied the motion as successive, but attached neither the previous motion, nor the order ruling thereon. The order herein appealed is therefore reversed, and the case remanded for either attachment…
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Hubbard v. State, 631 So. 2d 352 (Fla. 5th DCA 1994)…der oath allege that trial counsel was (timely) instructed to file the appeal. The ground as such is legally insufficient. Smith v. State, 601 So. 2d 611 (Fla. 1st DCA 1992) and Harris v. State, 596 So. 2d 500 (Fla. 1st DCA 1992); Williams v. State, 596 So. 2d 501 (Fla. 1st DCA 1992); Smith v. State, 592 So. 2d 1208 (Fla. 2d DCA 1992); and Hickman v. State, 581 So. 2d 942 (Fla. 2d DCA 1991). . The court ordered: Defendant's Motion for Post Conviction Relief is denied without prejudice to the filing of a swo…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Dist. Court of Appeal of Fla., 569 So. 2d 439 (Fla. 1990)
- Mack v. State, 586 So. 2d 1266 (Fla. 1st DCA 1991)
- AIG Life Ins. Co. v. Boroughf, 588 So. 2d 342 (Fla. 4th DCA 1991)
- Smith v. State, 592 So. 2d 1208 (Fla. 2d DCA 1992)