ANTONIO IGLESIAS, 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 held that a motion for postconviction relief asserting ineffective assistance of counsel for failing to timely file a notice of appeal is facially sufficient if it substantially complies with rule requirements, even without stating the basis for the desired appeal.
Antonio Iglesias appealed the summary denial of his motion for postconviction relief, which claimed his trial counsel was ineffective for not filing a…
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 Notice Of Appeal cases and more on FLexlaw
[*211] PER CURIAM.
Antonio Iglesias appeals the summary denial of his motion for postconviction relief in which he asserted that his trial counsel was ineffective for not timely filing a notice of appeal as he had requested. State v. District Court of Appeals of Florida, First District, 569 So. 2d 439 (Fla.1990). The order denying the motion found that the motion was facially deficient.
Our review of the motion reveals that it substantially complies with the requirements of Florida Rule of Criminal Procedure 3.850. We point out that there is no requirement that the defendant set forth the basis for the appeal he sought. See Viqueira v. Roth, 591 So. 2d 1147 (Fla. 3d DCA 1992).
Accordingly, we find that the appellant is entitled to an order granting the relief he requested. We reverse the order denying the motion for postconviction relief and direct that an order be entered granting a belated appeal of the judgment and sentence.
CAMPBELL, A.C.J., and ALTENBERND and BLUE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gunn v. State, 612 So. 2d 643 (Fla. 4th DCA 1993)…appeal under rule 3.850 because counsel failed to follow instructions to file a timely notice of appeal is not dependent on any preliminary showing on the merits. Accord Hudson v. State, 596 So. 2d 1213, 1214 (Fla. 1st DCA 1992); Iglesias v. State, 598 So. 2d 210 (Fla. 2d DCA 1992). It is error to deny such relief because the defendant has failed to show a possibility of success on the merits of the appeal. Viqueira states that the appeal should be authorized, and if appellate counsel finds no viable issues…
-
Stephenson v. State, 640 So. 2d 117 (Fla. 2d DCA 1994)…140(b). Accordingly, if Stephenson files a legally sufficient motion, we direct the trial court to grant it without the necessity of an evidentia-ry hearing and afford him a belated appeal, regardless of the merits of the appeal. Iglesias v. State, 598 So. 2d 210 (Fla. 2d DCA 1992). Accord Short v. State, 596 So. 2d 502 (Fla. 1st DCA 1992). We also direct the trial court to re-appoint Stephenson’s appellate counsel in this case to represent Stephenson on his belated appeal. We know it seems incongruous for…
-
ORR v. State, 674 So. 2d 877 (Fla. 3d DCA 1996)…ndant is deprived of his right to appellate review.” Kelley v. State, 637 So. 2d 972, 976 (Fla. 1st DCA 1994) (quoting Robinson v. State, 462 So. 2d 471, 476-77 (Fla. 1st DCA 1984), rev. denied, 471 So. 2d 44 (Fla.1985)); see also Iglesias v. State, 598 So. 2d 210 (Fla. 2d DCA 1992); Viqueira v. Roth, 591 So. 2d 1147, 1148 (Fla. 3d DCA 1992). A criminal defendant seeking a belated appeal need not demonstrate the [*878] possibility of success on the merits of the appeal. Viqueira, 591 So. 2d at 1148. Indeed, a…
Authorities Cited
- State v. Dist. Court of Appeal of Fla., 569 So. 2d 439 (Fla. 1990)
- Viqueira v. Roth, 591 So. 2d 1147 (Fla. 3d DCA 1992)