BERNARD C. OFFEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
In this petition for writ of habeas corpus, the petitioner, Bernard C. Offen, seeks leave to file a belated appeal from an order of the trial court denying his Rule 3.800 motion. While this habeas petition was pending, Of-fen filed an untimely notice of appeal from the order denying post-conviction relief (pending case no. 95-2991). This court deferred consideration of that appeal pending disposition of the instant petition. The state concedes that the writ should be granted because petitioner has demonstrated exceptional circumstances that have rendered the ordinary appellate process unavailable and that justice demands a remedy. See Hollingshead v. Wainwright, 194 So. 2d 577, 578 (Fla.1967). Specifically, Offen had been transferred to a medical facility by the Department of Corrections where his mail was unavailable for the entire 30 day period after rendition of the order he seeks to appeal.
Accordingly, we grant the writ so that Offen’s notice of appeal in pending case no. 95-2991 may be considered as timely filed.
STONE, POLEN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Terence R. Davis v. Singletary, 716 So. 2d 273 (Fla. 4th DCA 1998)…appeal, as the order contained the language so advising him which is required by rule 3.850(g). However, we grant the petition because we find “exceptional circumstances that have rendered the ordinary appellate process unavailable.” Offen v. State, 662 So. 2d 742, 742 (Fla. 4th DCA 1995). Petitioner alleged under oath that his appeal was frustrated by the DOC’s sudden transfer of the certified inmate law clerk who was assigned to handle Petitioner’s legal matters the day after he entrusted the law clerk wi…
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Elton Rumph v. State, 746 So. 2d 1249 (Fla. 1st DCA 1999)…though an error by counsel may give rise to a right to a belated appeal, a belated appeal may also be granted where it is found that other exceptional circumstances have rendered the ordinary appellate process unavailable. See, e.g., Offen v. State, 662 So. 2d 742 (Fla. 4th DCA 1995). Belated appeals have thus been granted where, for example, it is established that a copy of the order being appealed was not timely received, or that a notice of appeal mailed by an incarcerated defendant was never received by t…
Authorities Cited
- Cleveland Hollingshead v. Louie L. Wainwright, 194 So. 2d 577 (Fla. 1967)