SIDNEY JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Jones challenges a denial of his motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure. We find merit in one of appellant’s issues; the allegation concerning ineffective assistance of counsel as a result of counsel’s failure to file a timely notice of appeal.
Appellant’s motion alleges that he requested defense counsel to file a timely notice of appeal after sentencing, and he failed to do so. The trial court erred in summarily denying appellant’s motion as to this issue. We, therefore, reverse and remand for the trial court to hold an evidentiary hearing on appellant’s motion, to attach portions of the record demonstrating that appellant is not entitled to relief, or to enter an order granting appellant a belated appeal.
WOLF, LAWRENCE and BENTON, JJ., concur.
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State v. A.C. Soud, Jr., 685 So. 2d 1376 (Fla. 1st DCA 1997)…f abuse and neglect. The risk assessment shall indicate whether detention care is warranted, and, if detention care is warranted, whether the child should be placed into secure, nonsecure, or home detention care. As we explained in R.W. v. Woolsey, 673 So. 2d 152, 154 (Fla. 1st DCA 1996), a risk assessment instrument form has been developed by the Department, in an effort to comply with this statutory mandate. In S.W., we described the risk assessment instrument thus: Section II of the document is entitled…
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J.J. v. Fryer, 765 So. 2d 260 (Fla. 4th DCA 2000)…able to order secure detention. Consequently, the petition argues, he is entitled to the writ and should be released to home detention. We begin by observing that pretrial detention of juveniles is now governed entirely by statute. S.W. v. Woolsey, 673 So. 2d 152, 154 (Fla. 1st DCA 1996) (“The power to place those charged with ... a delinquent act in detention is entirely statutory in nature.”). Section 985.213(2)(a) requires, with certain exceptions not here applicable, that: “all determinations and court…
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R.G. v. State, 817 So. 2d 1019 (Fla. 3d DCA 2002)…not attending school as previously ordered by the court. No risk assessment of R.G. was made in this case. As the power to place in detention those charged with or found to have committed a delinquent act is entirely statutory, see S.W. v. Woolsey, 673 So. 2d 152, 154 (Fla. 1st DCA 1996), compliance with the statute is required. See A.S., 777 So. 2d at 1172. Section 985.213(2)(a) is clear in its requirement that all determinations and court orders regarding detention be based on a risk assessment of the chil…
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