MICHAEL MCLAURN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This case originated as an appeal from an order denying appellant’s motion for post-conviction relief, seeking a belated appeal based on a claim of ineffective assistance of counsel due to failure to file a notice of appeal following an allegedly timely request. Appellant had further alleged that the trial court did not inform him of the right to appeal within 30 days. We treated this appeal as a petition under rule 9.140(j), Florida Rules of Appellate Procedure, and issued an order to show cause. See, e.g., Hawkins v. State, 706 So. 2d 941 (Fla. 1st DCA 1998); Hammond v. State, 706 So. 2d 73 (Fla. 1st DCA 1998); Dubois v. State, 705 So. 2d 713 (Fla. 1st DCA 1998).
Having considered the state’s response to the order to show cause, we conclude that appellant’s claim was time barred prior to the effective date of rule 9.140(j), and was not revived by the creation of that rule, and deny the petition on that basis. See Finch v. State, 717 So. 2d 1070 (Fla. 1st DCA 1998).
ERVIN, JOANOS and LAWRENCE, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wiggins v. State, 745 So. 2d 540 (Fla. 1st DCA 1999)…peal should have been taken); Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998) (en banc), approved, 739 So. 2d 77 (Fla.1999). We have treated the facially sufficient motion as a petition for belated appeal under Rule 9.140(j). McLaurn v. State, 722 So. 2d 935 (Fla. 1st DCA 1998); Buie v. State, 709 So. 2d 655 (Fla. 1st DCA 1998); Hammond. We directed the State to show cause why the appellant should not be granted a belated appeal. The State’s response failed to present a good-faith factual basis for oppo…
Authorities Cited
- Hendrix v. Singletary, 717 So. 2d 1070 (Fla. 1st DCA 1998)
- Finch v. State, 717 So. 2d 1070 (Fla. 1st DCA 1998)
- Renny Ray Dubois v. State, 705 So. 2d 713 (Fla. 1st DCA 1998)
- Funchess v. State, 705 So. 2d 713 (Fla. 1st DCA 1998)
- Randell W. Hammond v. State, 706 So. 2d 73 (Fla. 1st DCA 1998)
- Hawkins v. State, 706 So. 2d 941 (Fla. 1st DCA 1998)