JACKIE E. JENKINS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Jenkins, an incarcerated defendant, sought a writ of habeas corpus to file a belated appeal from an order denying his post-conviction relief motion. The court granted the petition, holding that the state bears the ultimate burden of ensuring a defendant receives notice of court orders, and that a prisoner's mailing address is within the state's constructive knowledge.
The court granted the petition and permitted Jenkins to file a belated appeal. The court held that the state bears the ultimate burden of ensuring defendants receive all rights accorded by constitution, statute, or procedural rule, and that a prisoner's mailing address is always within the constructive knowledge of state affiliates and agents.
[1] The state bears the ultimate burden of ensuring a defendant receives all constitutional, statutory, and procedural rights, and failure to do so entitles the defendant to…
[2] A prisoner's change of facility is within the constructive knowledge of state agents, and the state cannot claim negligence for the prisoner's failure to notify the court…
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Join FLexlaw to unlock all legal intelligence“Regardless of whom procedural rules direct to take action to implement an accused's legal rights, the ultimate burden is on the state to see that a defendant receives all rights accorded to him by constitution, statute or procedural rule.”
Establishes the state's ultimate responsibility for ensuring defendants receive notice and access to their legal rights
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJenkins filed a post-conviction relief motion under Florida Rule of Criminal Procedure 3.850, providing Liberty Correctional Facility as his address. …
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This is a Petition for a Writ of Habeas Corpus seeking the right to file a belated appeal from an order, dated October 4, 1991, denying a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Petitioner Jackie E. Jenkins alleges he is in prison and first received a copy of the October 4, 1991, order on February 3, 1992, and filed an appeal within thirty days of that date.
In response, the state does not deny Jenkins’ allegations and alleges, on rebuttal, that the trial court clerk did mail Jenkins a copy of the order denying his 3.850 motion when that order was rendered on October 4, 1991. The address used by the clerk, however, was the Liberty correctional facility address given by Jenkins when he filed his 3.850 motion. At some time prior to receipt of the order, however, Jenkins moved to Baker correctional facility. The clerk’s mailing was returned to the court undelivered and the clerk took no further action to redeliver the order. The state contends the lack of a correct address resulted from Jenkins’ negligence in failing to notify the court of his correct address and, therefore, Jenkins should be denied relief and the right to appeal. We disagree with the state’s position.
Regardless of whom procedural rules direct to take action to implement an accused’s legal rights, the ultimate burden is on the state to see that a defendant receives all rights accorded to him by constitution, statute or procedural rule. The failure to receive these rights entitles the defendant to relief.
Jenkins is a convict and in prison. His place of residence and mailing address are both controlled by the state and, while he is in prison, this information is always within the constructive knowledge of all state affiliates and agents.1
The petition is granted and Jenkins is permitted to file a belated appeal.2
PETITION FOR WRIT OF HABEAS CORPUS FOR BELATED APPEAL GRANTED.
COBB, COWART and GRIFFIN, JJ., concur. . Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA 1985).
. Jenkins also relied on the fact that the order denying relief did not contain the requisite notice that he had thirty days from the rendition date of the final order denying relief to appeal, citing Smith v. State, 582 So. 2d 796 (Fla. 5th DCA 1991). The omission from the appealed order of notice of the right to appeal is, under the facts of this case, immaterial. Jenkins was not disadvantaged or prejudiced by the omissions in the order because he did not receive the order. The petitioner was procedurally prejudiced by not timely receiving the order at all.
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Puebla v. State, 683 So. 2d 1154 (Fla. 5th DCA 1996)…PER CURIAM. The petition for writ of habeas corpus is granted. See Guzman v. State, 651 So. 2d 1320 (Fla. 5th DCA 1995). See also Jenkins v. State, 603 So. 2d 641 (Fla. 5th DCA 1992). The petitioner is permitted to file a belated notice of appeal of the order denying his motion for post-conviction relief with the clerk of the trial court within 30 days from the date of this opinion. Petition For Writ of Hab…
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Mosley v. State, 932 So. 2d 564 (Fla. 1st DCA 2006)…ition is granted and Frank A. Mosley is hereby afforded a belated appeal from the January 9, 2004, order of the Circuit Court for Okaloosa County denying his motion for postconviction relief in case numbers 01-1866 and 01-1867. See Jenkins v. State, 603 So. 2d 641 (Fla. 5th DCA 1992). Upon issuance of mandate in this cause, a copy of the opinion will be transmitted to the clerk of the circuit court who shall treat it as a notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). PETITION GRANTED. WOLF, PADOVANO, a…
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Guzman v. State, 651 So. 2d 1320 (Fla. 5th DCA 1995)…hough the error may have been caused by the petitioner’s transfer from one correctional institution to another, the petitioner is still [*1321] entitled to a belated appeal. Farngiamore v. State, 633 So. 2d 118 (Fla. 5th DCA 1994); Jenkins v. State, 603 So. 2d 641 (Fla. 5th DCA 1992). The petition is granted and Guzman is permitted to file a belated notice of appeal with the clerk of the trial court within 30 days from the date of this opinion. PETITION GRANTED. HARRIS, C.J., and DAUKSCH and THOMPSON, J…
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
- Ivory Ferrell v. Music, 484 So. 2d 595 (Fla. 4th DCA 1985)
- Smith v. State, 582 So. 2d 796 (Fla. 5th DCA 1991)