CHRISTIAN FLEMING, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Christian Fleming seeks belated appeal from an amended sentence which was entered after he demonstrated to the trial court that he was entitled to relief under Heggs v. State, 759 So. 2d 620 (Fla.2000). Petitioner has shown that he was not advised of his right to appeal at the time of resentencing, and we therefore grant the petition. Robinson v. Wainwright, 245 So. 2d 867 (Fla.1971). Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the trial court to be treated as a notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). The trial court is directed to consider whether Mr. Fleming may be entitled to appointment of counsel for the appeal. King v. State, 795 So. 2d 1086 (Fla. 1st DCA 2001).
PETITION GRANTED.
WEBSTER, PADOVANO and HAWKES, JJ., concur.
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State v. Fleming, 61 So. 3d 399 (Fla. 2011)…and five years each for shooting in a dwelling and false imprisonment. [*401] A year after Blakely was decided, see 542 U.S. 296, 124 S.Ct. 2531, the First District granted Fleming a belated appeal from the 2003 resentencing order. Fleming v. State, 895 So. 2d 538, 539 (Fla. 1st DCA 2005) (“Petitioner has shown that he was not advised of his right to appeal at the time of resentencing, and we therefore grant the petition”). During the pen-dency of the belated appeal, Fleming filed a motion under Florida Rule…
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White v. State, 170 So. 3d 144 (Fla. 1st DCA 2015)…d reason. While a trial court has broad discretion to determine whether a person has willfully and substantially violated his probation, findings supporting that determination must be supported by competent, substantial evidence. Prickett v. State, 895 So. 2d 538, 534 (Fla. 1st DCA 2005); Van Wagner v. State, 677 So. 2d 314, 317 (Fla. 1st DCA 1996). Hearsay evidence is admissible at evidentiary hearings for probation revocation, but a decision to revoke probation cannot be based entirely on hearsay. Smith-Cu…
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Kelly v. State, 959 So. 2d 1282 (Fla. 1st DCA 2007)…ischarge its duty under Florida Rule of Criminal Procedure 3.670 to advise Kelly concerning those rights. The trial court’s failure to do so entitles Kelly to a belated appeal. See Robinson v. Wainwright, 245 So. 2d 867 (Fla.1971); Fleming v. State, 895 So. 2d 538 (Fla. 1st DCA 2005). Accordingly, the petition seeking a belated appeal of the judgment and sentence rendered on or about June 2, 2005, in Alachua County Circuit Court case number 01-2004-CF-5032-A, is granted. Upon issuance of mandate in this cau…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Robinson v. Louie L. Wainwright, 245 So. 2d 867 (Fla. 1971)
- King v. State, 795 So. 2d 1086 (Fla. 1st DCA 2001)