ALLEN TODD BENNETT, 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.
The court affirmed the denial of the motion for belated appeal because there was nothing for the defendant to appeal after he refused the options offered by the trial court.
The defendant filed a second motion for postconviction relief, seeking a belated appeal from an order denying relief. He alleged he requested an attor…
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 Gain Time cases and more on FLexlaw
PARKER, Judge.
This is Allen Bennett’s second motion for postconviction relief. In the first motion, among other issues, he urged that his attorney was ineffective for misleading him concerning the consequences of gain time. After an appeal of the denial of his first motion, this court reversed the trial court’s denial of the motion as to that one issue and remanded to the trial court for further proceedings. See Bennett v. State, 579 So. 2d 387 (Fla. 2d DCA 1991).
Following an evidentiary hearing in the trial court, the trial court concluded that Bennett’s attorney did give him erroneous information concerning the accrual of gain time. Bennett was given the option of withdrawing his plea and going to trial or letting the plea stand. Bennett chose to let the plea stand.
Bennett now requests a belated appeal from the trial court’s order, alleging he requested an attorney be appointed for the appeal from the order denying relief and an attorney was not provided. The trial court denied Bennett’s motion concluding that the filing of any appeal was for Bennett alone to perform.
Although the trial court may not have been correct in the reason for this denial of relief, we still affirm because there is nothing for Bennett to appeal. The trial court granted Bennett’s previous motion and offered him the only two choices available. When he refused both options, the existing sentence must stand.
Affirmed.
RYDER, A.C.J., and DANAHY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Isom v. State, 579 So. 2d 387 (Fla. 2d DCA 1991)
- Bennett v. State, 579 So. 2d 387 (Fla. 2d DCA 1991)