DANIEL K. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's trial court petition for belated appeal was properly denied for lack of jurisdiction, but the appellate court treated it as a proper belated appeal request and remanded with directions to follow established procedures.
A trial court lacks jurisdiction to grant relief for a belated appeal; such requests must be filed in the appellate court to which the appeal should have been taken.
[1] A trial court lacks jurisdiction to grant relief for a belated appeal; such relief must be sought in the appellate court to which the appeal should have been taken.
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Join FLexlaw to unlock all legal intelligenceJohnson's appointed trial counsel represented that he would file direct and collateral appeals, Johnson relied on this representation and did not file…
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BROWNING, J.
Daniel Johnson (Appellant) appeals the trial court’s order denying his “Petition for Writ of Habeas Corpus Seeking Leave to File Belated 3.850.” Appellant alleges appointed trial counsel told him he would file direct and collateral appeals, Appellant relied on that representation and did not file his appeals pro se, and counsel failed to timely file the appeals. Appellant sought relief in the trial court pursuant to Steele v. Kehoe, 747 So. 2d 931 (Fla.1999). The trial court properly denied Appellant’s claim, because entitlement to relief under Steele requires Appellant to prove privately retained counsel agreed to file an appeal but failed to do so. Medrano v. State, 748 So. 2d 986 (Fla.1999). However, Appellant’s allegations state a facially sufficient claim for belated appeal under State v. Trowell, 739 So. 2d 77 (Fla.1999). Because belated appeals are required to be filed in the appellate court to which the appeal should have been taken, the trial court lacked jurisdiction to grant this relief. Adams v. State, 801 So. 2d 145 (Fla. 1st DCA 2001). Accordingly, we affirm the trial court’s order, but treat the motion as a proper request for a belated appeal, and remand with directions to follow the procedures set forth in Dubois v. State, 705 So. 2d 713 (Fla. 1st DCA 1998).
AFFIRMED and REMANDED with directions.
BOOTH and POLSTON, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Steele v. Kehoe, 747 So. 2d 931 (Fla. 1999)
- State v. Trowell, 739 So. 2d 77 (Fla. 1999)
- Acencion Medrano v. State, 748 So. 2d 986 (Fla. 1999)
- Jones v. Fla. Parole Comm'n, 801 So. 2d 145 (Fla. 1st DCA 2001)
- Renny Ray Dubois v. State, 705 So. 2d 713 (Fla. 1st DCA 1998)
- Funchess v. State, 705 So. 2d 713 (Fla. 1st DCA 1998)