HARRY ANTHONY CANNON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Cannon seeks a belated appeal of the trial court’s order which denied his post conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Based on the response filed by the state in this case, it appears that Cannon received the court’s summary denial of his motion at a time far in excess of the time within which to file an appeal, because he failed to provide the court with a return address. Thus, no state action was involved in his loss of his appeal rights, and a belated appeal is not appropriate. See Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969); Latimore v. State, 696 So. 2d 1290 (Fla. 4th DCA 1997).
We note that Cannon’s motion raised a potentially viable Heggs1 issue, which the trial court incorrectly denied on the ground that Cannon’s sentence did not exceed the statutory maximum. However, the motion failed to allege the date of Cannon’s offense, which is essential in order to determine whether his case falls within the window period of unconstitutionality.2
Accordingly, we deny Cannon’s petition for habeas corpus, without prejudice to his filing in the trial court a facially sufficient motion pursuant to Florida Rule of Criminal Procedure 3.800(a), or pursuant to Florida Rule of Criminal Procedure 3.850, if appropriate.
Petition for Writ of Habeas Corpus DENIED.
SAWAYA and PLEUS, JJ., concur. . Heggs v. State, 759 So. 2d 620 (Fla.2000).
. See Trapp v. State, 760 So. 2d 924 (Fla.2000).
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Izquierdo v. State, 935 So. 2d 1243 (Fla. 5th DCA 2006)…te action”). There is no constitutional right to a belated appeal of the denial of a postcon-viction motion. Therefore, a collateral defendant’s own failure to comply with the rules can result in his losing his right to appeal. See Cannon v. State, 763 So. 2d 1289 (Fla. 5th DCA 2000) (finding that it was defendant’s fault that he did not timely appeal, and, therefore, as no state action was involved in his loss of his appeal rights, belated appeal was not appropriate). PETITION FOR BELATED APPEAL DENIED. PL…
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Johnson v. State, 765 So. 2d 773 (Fla. 4th DCA 2000)…f both are the same, the other is not greater, and the PRR must be imposed. That is not the circumstance we faced in Adams or in this case today. A number of Florida appellate decisions have been contrary to. our Adams analysis. See Barge v. State, 763 So. 2d 1289 (Fla. 1st DCA 2000); Bloodworth v. State, 754 So. 2d 894 (Fla. 1st DCA 2000); Chambers v. State, 764 So. 2d 658 (Fla. 1st DCA 2000); Nichols v. State, 755 So. 2d 782 (Fla. 1st DCA 2000); Palmore v. State, - So. 2d -, 2000 WL 627666 (Fla. 1st DCA May…
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Garcia v. State (Fla. 3d DCA 2019)…. State, 922 So. 2d 247 (Fla. 5th DCA 2006) (holding that, in a belated appeal proceeding, the burden shifts to the State to respond only if the petitioner files a legally sufficient petition)); Fla. R. App. P. 9.141(c)(4); see also Cannon v. State, 763 So. 2d 1289 (Fla. 5th DCA 2000) (disallowing belated appeal where petitioner’s right to appeal was not frustrated by state action). Accordingly, we deny the petition. Denied. 1 We treat the instant notice of belated appeal as a petition seeking belated appe…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- Latimore v. State, 696 So. 2d 1290 (Fla. 4th DCA 1997)
- State v. Thomas, 696 So. 2d 1290 (Fla. 4th DCA 1997)