LARRY WHITE, PETITIONER,
v.
HARRY K. SINGLETARY, SEC. OF FL. DEPT. OF CORR., ETC., RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court granted the petition for a writ of habeas corpus, allowing a belated appeal for case number 93-1103, but denied it for case number 93-79.
Larry White petitioned for a writ of habeas corpus to obtain a belated appeal of his conviction and sentence. The petition concerned two case numbers:…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Belated Appeal cases and more on FLexlaw
PER CURIAM.
Larry White petitions this Court for a Writ of Habeas Corpus granting him a belated appeal. The petition is granted with respect to case number 93-1103 and the petitioner is permitted belated appellate review of his conviction and sentence in that case.
In case number 93-79, petitioner was convicted and sentenced as a result of the entry of a plea of admission to a violation of community control. The petition fails to allege any of the limited exceptions necessary for an appeal from a guilty plea set forth in Robinson v. State, 373 So. 2d 898 (Fla.1979). As such, the petition for habeas corpus with respect to case number 93-79 is denied. See Gonzalez v. State, 685 So. 2d 975 (Fla. 3d DCA 1997); Loadholt v. State, 683 So. 2d 596 (Fla. 3d DCA 1996). We certify conflict with Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998); Thompson v. State, 708 So. 2d 289 (Fla. 4th DCA 1998); Stone v. State, 688 So. 2d 1006 (Fla. 1st DCA), review denied, 697 So. 2d 512 (Fla.1997); and Gunn v. State, 612 So. 2d 643 (Fla. 4th DCA 1993).
Habeas Corpus granted in part. When filed in the lower tribunal, this Court’s opinion and mandate shall be treated as the notice of appeal in case number 93-1103. See Fla. R.App. P. 9.140(j)(5)(D). The Public Defender is appointed for the purpose of this appeal.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Trowell, 739 So. 2d 77 (Fla. 1999)…icts have held that if a defendant pleaded guilty, the petition seeking a belated appeal must allege that if granted, the appeal would be potentially meritorious because it presents an issue cognizable under Robinson. See, e.g., White v. Singletary, 711 So. 2d 640, 640 (Fla. 3d DCA 1998); Bridges, 518 So. 2d at 300. The opinions of the Fifth District have not squarely addressed this . issue. See Denson v. State, 710 So. 2d 144, 145 (Fla. 5th DCA 1998) (finding petition for belated appeal sufficient if it alle…
-
Walker v. State, 742 So. 2d 342 (Fla. 3d DCA 1999)…9); Ponce v. State, 722 So. 2d 838, 839 (Fla. 3d DCA 1998); Battie v. Singletary, 718 So. 2d 323, 324 (Fla. 3d DCA 1998); Gonzalez v. Singletary, 713 So. 2d 1057, 1058 (Fla. 3d DCA) review granted, 719 So. 2d 892 (Fla.1998); and White v. Singletary, 711 So. 2d 640 (Fla. 3d DCA 1998). See Trowell, 739 So. 2d at 78.…
-
Ponce v. State, 722 So. 2d 838 (Fla. 3d DCA 1998)…al from a guilty plea.” Gonzalez v. State, 685 So. 2d 975, 976 (Fla. 3d DCA 1997) (citations omitted); see also Battie v. Singletary, 718 So. 2d 323 (Fla. 3d DCA 1998); Gonzalez v. Singletary, 713 So. 2d 1057 (Fla. 3d DCA 1998); White v. Singletary, 711 So. 2d 640 (Fla. 3d DCA 1998); Loadholt v. State, 683 So. 2d 596, 597 (Fla. 3d DCA 1996); Hampton v. State, 680 So. 2d 581, 583 (Fla. 3d DCA 1996). We certify direct conflict with Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998) (en banc). Petition for b…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Stone v. State, 688 So. 2d 1006 (Fla. 1st DCA 1997)
- Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998)
- Gunn v. State, 612 So. 2d 643 (Fla. 4th DCA 1993)
- Thompson v. State, 708 So. 2d 289 (Fla. 4th DCA 1998)
- Gonzalez v. State, 685 So. 2d 975 (Fla. 3d DCA 1997)
- Loadholt v. State, 683 So. 2d 596 (Fla. 3d DCA 1996)