JORGE E. GONZALEZ, PETITIONER,
v.
HARRY K. SINGLETARY, JR., ETC., RESPONDENT
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The court quashed the district court's denial of a belated appeal and remanded for further proceedings.
The district court denied petitioner's request for a belated appeal, certifying conflict with other district court opinions. The State argued that spe…
The full statement of facts, procedural history, and disposition for this case are member content.
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PARIENTE, J.
We have for review the decision in Gonzalez v. Singletary, 713 So. 2d 1057 (Fla. 3d DCA 1998), which the district court certified to be in conflict with the opinions in Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998), Faircloth v. State, 661 So. 2d 1292 (Fla. 4th DCA 1995), Owens v. State, 643 So. 2d 105 (Fla. 1st DCA 1994), and Gunn v. State, 612 So. 2d 643 (Fla. 4th DCA 1993). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We recently approved the First District’s opinion in Trowell on the issue of what allegations a defendant who pleaded guilty must include in a petition seeking a belated appeal. See State v. Trowell, 739 So. 2d 77 (Fla.1999). Accordingly, we quash that portion of the district court’s decision that denied petitioner’s request for a belated appeal of his conviction and remand for further proceedings in light of Trowell.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur. . The State asserts that sections 924.06(3) and 924.051(4), Florida Statutes (1996), of the Criminal Appeal Reform Act are applicable. However, the district court neither relied upon the Criminal Appeal Reform Act as a basis for its decision nor addressed its applicability. Accordingly, we decline to do so here.
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Vaughn v. State, 888 So. 2d 679 (Fla. 3d DCA 2004)…sary motions to cause the transcript of testimony to be transcribed and filed and the appeal shall proceed in accordance with the Florida appellate rules governing criminal appeals. Petition for belated appeal granted. . In Gonzalez v. Singletary, 749 So. 2d 501 (Fla. 1999) the Florida Supreme Court, based on Trowell, quashed the Third District Court of Appeal's decision denying petitioner's request for belated appeal. In that case the petitioner had pleaded guilty and expressly waived his right to appeal.…
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Gonzalez v. Singletary, 763 So. 2d 1282 (Fla. 3d DCA 2000)…On Petition for Belated Appeal PER CURIAM. This case recurs before us on remand from Gonzalez v. Singletary, 749 So. 2d 501 (Fla.1999). Defendant-petitioner Walker sought a belated appeal from his guilty plea. Upon inquiry by the State, see Walker v. State, 742 So. 2d 342, 343 (Fla. 3d DCA 1999), defense counsel advised that he had no recollection defendant made a reques…
Authorities Cited
- State v. Trowell, 739 So. 2d 77 (Fla. 1999)
- Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998)
- Gunn v. State, 612 So. 2d 643 (Fla. 4th DCA 1993)
- Owens v. State, 643 So. 2d 105 (Fla. 1st DCA 1994)
- Faircloth v. State, 661 So. 2d 1292 (Fla. 4th DCA 1995)
- Dirk Sheppard v. State, 713 So. 2d 1057 (Fla. 1st DCA 1998)
- Gonzalez v. Singletary, 713 So. 2d 1057 (Fla. 3d DCA 1998)