RALPH Z. NAVA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Court grants habeas corpus petition to allow belated appeal where trial court's order denying Rule 3.850 relief failed to provide notice of appeal deadline and state showed no specific prejudice from delay.
A petitioner may file a belated notice of appeal when the trial court's order failed to provide proper notice of the appeal deadline and the state cannot demonstrate specific prejudice from the delay.
[1] Laches does not bar a belated appeal absent a showing of specific prejudice to the state, and passage of time alone is insufficient to invoke the doctrine.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Without the showing of some specific prejudice, we cannot say petitioner's claim is barred by laches.”
Court's reasoning rejecting state's laches argument based solely on passage of time without demonstrated prejudice.
Nava, an incarcerated pro se petitioner, sought habeas corpus relief to file a belated appeal of a January 10, 1989 trial court order denying his Rule…
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PER CURIAM.
Ralph Z. Nava, an incarcerated pro se petitioner, seeks a writ of habeas corpus for purposes of filing a belated appeal of the trial court's order, rendered January 10, 1989, denying his motion for relief pursuant to Florida Rule of Criminal Procedure 3.850. The state does not argue petitioner’s assertion that he was not provided a copy of the trial court’s order following its entry, and the order on its face fails to provide the necessary notice that appellant had thirty days to file a notice of appeal. State ex rel. Shevin v. District Court of Appeal, Third District, 316 So. 2d 50 (Fla.1975).
Although there does not appear to be any specific time limitation in which a petitioner such as Nava may seek a belated appeal, the state naturally argues that such appeal should be barred by the doctrine of laches. The state, however, does not argue any specific prejudice that would befall it because of petitioner’s delay in seeking this relief — it simply argues the passage of time should work to bar this belated appeal. Without the showing of some specific prejudice, we cannot say petitioner’s claim is barred by laches. See Bashlor v. Wainwright, 374 So. 2d 546 (Fla. 1st DCA 1979).
Accordingly, we grant the petition for writ of habeas corpus, to allow petitioner to file a belated notice of appeal, which must be filed within thirty days of the issuance of this opinion.
GLICKSTEIN, GUNTHER and POLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Silvino Hurtado v. Singletary, 708 So. 2d 974 (Fla. 3d DCA 1998)…. As suggested in McCtay, a delay of this magnitude is unreasonable. Further, the relief defendant seeks is a new trial of a case in which he pled guilty in 1982. Under the circumstances, the prejudice is obvious. Defendant relies on Nava v. State, 652 So. 2d 1264 (Fla. 4th DCA 1995), which allowed a belated appeal of an order denying 3.850 relief after a six-year delay. We doubt that the Fourth District’s decision in Nava remains good law after the approach taken by the Florida Supreme Court in McCray. [*976…
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Hoyt Patterson v. State, 736 So. 2d 1270 (Fla. 4th DCA 1999)…WARNER, C.J. Petitioner seeks a belated appeal, alleging that the trial court failed to advise him of his right to appeal the denial of his rule 3.850 motion. We grant the petition, holding that Nava v. State, 652 So. 2d 1264 (Fla. 4th DCA 1995), applies to the facts of the instant case. Petitioner was originally convicted, pursuant to a plea, and sentenced in 1990 for possession of cocaine. Within two years of his conviction, he filed a motion for post-conviction relie…
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Coyle v. City OF Fort Lauderdale, 785 So. 2d 1254 (Fla. 4th DCA 2001)…his right to appeal. See Fla. R.Crim. P. 3.850(g). The defendant’s petition was timely filed under rule 9.141. We declined to engage in a laches analysis because of the adoption of rule 9.141, and its specific time limitation. Compare Nava v. State, 652 So. 2d 1264 (Fla. 4th DCA 1995)(permitting belated review of 1989 order where State failed to prove laches and specific prejudice to bar delayed belated review). We recognized in Patterson that our decision was of very limited application as the two-year windo…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Robert L. Shevin v. The Dist. Court OF Appeal of Fla., 316 So. 2d 50 (Fla. 1975)
- Bashlor v. Louie L. Wainwright, 374 So. 2d 546 (Fla. 1st DCA 1979)