JACK LEON DEMARIA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that a belated appeal from the denial of a postconviction motion is permissible even if the notice of appeal was untimely due to ineffective assistance of counsel in the collateral proceeding.
The case involves a certified question regarding the availability of a belated appeal from the denial of a postconviction motion when the initial appe…
The full statement of facts, procedural history, and disposition for this case are member content.
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SHAW, J.
We have for review a decision on the following question certified to be of great public importance:
Does the holding in Lambrix v. State, 698 So. 2d 247 (Fla.1996), when considered in light of the Supreme Court of Florida’s pronouncement in Steele v. Kehoe, 747 So. 2d 931 (Fla.1999), foreclose the provision of a belated appeal from the denial of a postconviction motion when the notice of appeal was not timely filed due to the ineffectiveness of counsel in the collateral proceeding?
DeMaria v. State, 778 So. 2d 302, 303 (Fla. 2d DCA 2000). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Consistent with our decision in Williams v. State, 777 So. 2d 947 (Fla.2000), we answer the certified question in the negative.
The decision of the district court of appeal is quashed and the case is remanded for further proceedings in light of our opinion in Williams.
It is so ordered.
HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ„ concur. WELLS, C.J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Demaria v. State, 814 So. 2d 444 (Fla. 2d DCA 2001)…of Florida a question regarding the propriety of granting a belated appeal from an order denying a postconviction motion when the notice was untimely filed due to counsel’s neglect. The supreme court quashed this court’s dismissal, Demaria v. State, 777 So. 2d 975 (Fla.2001), and remanded the matter to this court for further proceedings consistent with the supreme court’s decision in Williams v. State, 777 So. 2d 947 (Fla.2000). [*445] Demaria’s counsel in Ms postcon-viction proceeding, as is evident from the…
Authorities Cited
- Steele v. Kehoe, 747 So. 2d 931 (Fla. 1999)
- Cary Michael Lambrix v. State, 698 So. 2d 247 (Fla. 1996)
- Lynwood Williams v. State, 777 So. 2d 947 (Fla. 2000)
- Demaria v. State, 778 So. 2d 302 (Fla. 2d DCA 2000)