WILLIAM H. COYLE, PETITIONER,
v.
SCOTT WALKER, ATTORNEY OF RECORD AND CITY OF FORT LAUDERDALE, OFFICE OF PROSECUTION, RESPONDENTS
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PER CURIAM.
William H. Coyle seeks certiorari review of a circuit court’s order that denied his request for belated appeal of a 1996 county court conviction. Coyle, who was not represented by counsel at the time of his conviction, argued that the trial court did not advise him of his right to appeal.
We grant the petition in part, and remand the case to the circuit court appellate division. See Fla.R.App.P. 9.140(j)(3); Fla. R.Crim. P. 3.670; Robinson v. Wainwright, 245 So. 2d 867 (Fla.1971); see also Patterson v. State, 736 So. 2d 1270 (Fla. 4th DCA 1999). Upon remand the circuit court shall appoint a commissioner to make findings of fact in connection with the “reasonable diligence” component of rule 9.140(j)(3). Thereafter, it shall grant the appropriate relief.
FARMER, STEVENSON and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Coyle v. City OF Fort Lauderdale, 785 So. 2d 1254 (Fla. 4th DCA 2001)…e circuit court had dismissed the petition as facially inadequate to warrant relief. We reversed and remanded with instructions that the circuit court appoint a commissioner to make factual findings regarding “reasonable diligence.” Coyle v. Walker, 767 So. 2d 607 (Fla. 4th DCA 2000). A commissioner was appointed, and later he filed a report. After considering the report, the circuit court concluded that “the defendant with the exercise of reasonable diligence could have ascertained his appellate rights” and…1 / 2
Authorities Cited
- Robinson v. Louie L. Wainwright, 245 So. 2d 867 (Fla. 1971)
- Hoyt Patterson v. State, 736 So. 2d 1270 (Fla. 4th DCA 1999)