JAMES TURNER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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James Turner sought a belated appeal from a 1995 judgment and sentence, claiming he was not informed of his appellate rights and his trial attorney failed to explain them. The court granted the petition for belated appeal, holding that the claim was timely under theories of ineffective assistance of counsel and failure to inform of appellate rights.
The court granted Turner's petition for belated appeal. The claim was timely to the extent it relied on ineffective assistance of trial counsel under Edwards v. State. Additionally, the trial court's failure to inform Turner of his appellate rights is a cognizable claim that was never properly raised in a Rule 3.850 motion, making the state's timeliness argument without merit.
[1] A petition for belated appeal based on ineffective assistance of trial counsel is timely if raised under the rationale of Edwards v. …
[2] A claim that the trial court failed to inform a defendant of their right to appeal is not cognizable through a motion for post-conviction relief, and therefore, a timelin…
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Join FLexlaw to unlock all legal intelligence“To the extent the petition relies upon a theory of ineffective assistance of trial counsel, we find it to be timely under the rationale of Edwards v. State, 745 So. 2d 1060 (Fla. 1st DCA 1999). Petitioner's second theory, that the trial court failed to inform him of his right to appeal, would also entitle him to relief.”
Establishes the two valid theories supporting Turner's belated appeal petition despite timeliness concerns.
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Join FLexlaw to unlock all legal intelligenceTurner was sentenced in November 1995. At the time of sentencing, the trial court did not inform him of his right to appeal, and his trial attorney di…
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PER CURIAM.
James Turner seeks a belated appeal from a judgment and sentence entered in November 1995. According to Turner, the trial court did not inform him of his right to appeal at the time he was sentenced and his trial attorney did not explain his right to appeal. The state opposes the petition, arguing that it is time barred because it was not timely raised in a motion for post-conviction relief.
We disagree. To the extent the petition relies upon a theory of ineffective assistance of trial counsel, we find it to be timely under the rationale of Edwards v. State, 745 So. 2d 1060 (Fla. 1st DCA 1999). Petitioner’s second theory, that the trial court failed to inform him of his right to appeal, would also entitle him to relief. Baker v. State, 224 So. 2d 331 (Fla. 1st DCA 1969). Since this claim was never cognizable through a Rule 3.850 motion, Scalf v. Singletary, 589 So. 2d 986 (Fla. 2d DCA 1991), the state’s timeliness theory as to that portion of the petition is without merit.
The respondent’s opposition to the petition is limited to its timeliness argument and we find accordingly that petitioner is entitled to the belated appeal he seeks. Schubert v. State, 737 So. 2d 1102 (Fla. 1st DCA 1998). The petition for belated appeal from judgment and sentence in Oka-loosa County case number 95-961 CFA is granted. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the lower tribunal for treatment as a notice of appeal. Fla., RApp. P. 9.140(j)(5)(D). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.
ERVIN, LAWRENCE and PADOVANO, JJ., concur.
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Baldwin v. State, 790 So. 2d 434 (Fla. 1st DCA 2000)…Baldwin was sen [*435] tenced, under section 775.082(8), Florida Statutes (1997), as a prison releasee reof-fender. Baldwin challenges section 775.082(8) on various constitutional grounds which have been rejected by this court in Turner v. State, 745 So. 2d 535 (Fla. 1st DCA 1999), and Durden v. State, 743 So. 2d 77 (Fla. 1st DCA 1999); Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), review granted, 740 So. 2d 529 (Fla.1999); Plain v. State, 720 So. 2d 585 (Fla. 4th DCA 1998), review denied, 727 So. 2d 909 (…
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Warnell Robinson v. State, 751 So. 2d 737 (Fla. 1st DCA 2000)…eleasee reoffender statute. Appellant, sentenced as a prison releas-ee reoffender under section 775.082(8), Florida Statutes (1997), raises numerous constitutional challenges to the statute. Appellant’s arguments are without merit. Tuner v. State, 745 So. 2d 535 (Fla. 1st DCA 1999); Durden v. State, 743 So. 2d 77 (Fla. 1st DCA 1999); Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), review granted, 740 So. 2d 529 (Fla.1999); Plain v. State, 720 So. 2d 585 (Fla. 4th DCA 1998), review denied, 727 So. 2d 909 (Fla.…
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
- Schubert v. State, 737 So. 2d 1102 (Fla. 1st DCA 1998)
- Scalf v. Singletary, 589 So. 2d 986 (Fla. 2d DCA 1991)
- Robinson v. Robinson, 224 So. 2d 331 (Fla. 3d DCA 1969)
- Edwards v. State, 745 So. 2d 1060 (Fla. 1st DCA 1999)