RICHARD DUNBAR, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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W. SHARP, Judge.
Dunbar has filed a petition for writ of habeas corpus, seeking a belated appeal from his motion to “clarify” sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court denied this motion. Gordon failed to bring a timely appeal. We deny the writ.
In his petition, Dunbar argues the trial court should have included in its order denying relief a statement that Dunbar had thirty days in which to appeal the denial. Whether logically justifiable or not, there is a difference between motions filed pursuant to Florida Rule of Criminal Procedure 3.850 and Florida Rule of Criminal Procedure 3.800. Orders denying Rule 3.850 motions must contain a statement that the defendant has thirty days in which to appeal. Fla. R.Crim.P. 3.850(g). Omission of this statement may entitle a defendant to a belated appeal of the order denying relief. Green v. State, 681 So. 2d 1215 (Fla. 5th DCA 1996). However, there is no such requirement for denials of Rule 3.800(a) motions. Simmons v. State, 684 So. 2d 860 (Fla. 5th DCA 1996); Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989).
Petition for Writ of Habeas Corpus DENIED.
GRIFFIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Betty v. State, 756 So. 2d 164 (Fla. 4th DCA 2000)…der that denied his petition for writ of habeas corpus. He alleges that he is entitled to a belated appeal because the circuit court’s order failed to advise that he had thirty days to appeal that order. For the reasons set forth in Dunbar v. State, 688 So. 2d 993 (Fla. 5th DCA 1997), and Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989), we hold that the petitioner is not entitled to a belated appeal and consequently deny the petition. WARNER, C.J., DELL and FARMER, JJ., concur.…
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Leiffer v. State, 867 So. 2d 538 (Fla. 5th DCA 2004)…. See State v. McBride, 848 So. 2d 287 (Fla. 2003). . Although the trial court in the November order advised Leiffer of his right to appeal within 30 days, this information is only required under Rule 3.850, not Rule 3.800(a). See Dunbar v. State, 688 So. 2d 993 (Fla. 5th DCA 1997).…
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Cotterell v. State, 890 So. 2d 315 (Fla. 5th DCA 2004)…at his appeal should not be dismissed as untimely because the order denying relief did not inform him he had 30 days in which to file a notice of appeal. We have no choice in this case. We must dismiss for lack of jurisdiction. See Dunbar v. State, 688 So. 2d 993 (Fla. 5th DCA 1997). However, we note again our discomfort with the fact that Florida Rule of Criminal Procedure 3.850 requires a defendant be told he or she has 30 days in which to appeal and Rule 3.800 does not. It is a discrepancy without a reaso…
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- Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989)
- Simmons v. State, 684 So. 2d 860 (Fla. 5th DCA 1996)
- Torrance Mathis v. State, 681 So. 2d 1215 (Fla. 5th DCA 1996)
- Hamp Green v. State, 681 So. 2d 1215 (Fla. 5th DCA 1996)