DAVID FARNAM, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
DAVID FARNAM, PETITIONER,
STATE OF FLORIDA, RESPONDENT
746 So. 2d 1248
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
David Farnam petitions this court for a belated appeal of an April 1998 judgment and sentence of the Leon County Circuit Court. He alleges that his request to initiate an appeal was not honored by his trial counsel, but supported by the affidavit of Farnam’s trial counsel, the state disputed this contention in its response. At this court’s direction, an evidentiary hearing was conducted before a special master, who concluded that Farnam had failed to establish that a timely request to initiate an appeal was communicated to counsel. Consistent with this finding and the recommendation of the special master, the amended petition for belated appeal is denied.
LAWRENCE, DAVIS and VAN NORTWICK, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Green v. State, 804 So. 2d 474 (Fla. 5th DCA 2001)…r basis for entitlement to belated appeal,” including whether petitioner requested counsel to proceed with the appeal. Additionally, petitioner must allege the request for an appeal was made to counsel in a timely manner. See, e.g., Farnam v. State, 746 So. 2d 1248 (Fla. 1st DCA 1999). Accordingly, I agree this petition for writ of habeas corpus for a belated appeal should be summarily denied, but without prejudice to file a legally sufficient petition under the rule and appropriate case law.…
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Kary Burch v. State, 774 So. 2d 46 (Fla. 2d DCA 2000)…ot comply with the instruction adopted by the supreme court in Weiand v. State, 732 So. 2d 1044 (Fla.1999). Therefore, we reverse and remand this case for a new trial. See Barkley v. State, 750 So. 2d 755 (Fla. 2d DCA 2000); see also Kelly v. State, 746 So. 2d 1248 (Fla. 1st DCA 1999). Reversed and remanded. WHATLEY, A.C.J., and DAVIS, J., Concur.…
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Kelly v. State, 842 So. 2d 223 (Fla. 1st DCA 2003)…We are, therefore, required to reverse and remand for a new trial. ERVIN and VAN NORTWICK, JJ., CONCUR. . Appellant had previously been tried and convicted of second degree murder. Her first conviction was reversed by this court in Kelly v. State, 746 So. 2d 1248 (Fla. 1st DCA 1999). The reversal in that case was based on the trial court's failure to give the appropriate jury instruction. . The proposed cross examination was proffered by defense counsel. . Defense counsel's objection that the prosecutor’s…