JOAQUIN MARINO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 4th DCA | 2002-09-11
No. 4D02-1145
WARNER, TAYLOR and MAY, JJ., concur.
828 So. 2d 393 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

After petitioner filed his petition for writ of habeas corpus for belated appeal, this Court appointed a commissioner to make factual findings regarding whether petitioner made a timely request for counsel. The commissioner found that the petitioner failed to communicate to his attorney that he desired an appeal. In light of such finding, we deny the petition.

WARNER, TAYLOR and MAY, JJ., concur.


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  • Duggins v. State, 921 So. 2d 775 (Fla. 3d DCA 2006)
    …004)(denying petition for belated appeal where commissioner, who was appointed to make factual findings, found that petitioner .did not timely request his attorney to file an appeal and in fact knowingly waived his right to appeal); Marino v. State, 828 So. 2d 393 (Fla. 4th DCA 2002)(denying petition for belated appeal where commissioner, who was appointed to make factual findings, found that petitioner did not communicate to his attorney that he wanted to file appeal); Brooks v. State, 816 So. 2d 199 (Fla. 1…
  • DOW v. State, 858 So. 2d 1118 (Fla. 4th DCA 2003)
    …entence. Williams v. State, 825 So. 2d 994 (Fla. 4th DCA 2002). However, we remand for the trial court to correct any errors it may find in the scoresheet as to prior felony convictions identified in appellant’s rule 3.800(a) motion. Guion v. State, 828 So. 2d 393 (Fla. 4th DCA 2002). FARMER, C.J., GUNTHER and KLEIN, JJ., concur.…

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