JEREMY ELLIS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court grants belated appeal where trial counsel failed to honor defendant's request for direct appeal following denial of motion to withdraw plea.
A defendant is entitled to a belated appeal when counsel failed to file a timely direct appeal despite the defendant's explicit request to appeal.
[1] A defendant who explicitly requests direct appeal at the conclusion of a motion to withdraw plea hearing is entitled to belated appellate review when counsel fails to fil…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJeremy Ellis was convicted in three cases and requested his attorney to appeal at the conclusion of a hearing on a motion to withdraw plea, but that r…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Postconviction Motion cases and more on FLexlaw
PER CURIAM.
Jeremy Ellis seeks belated appeal from judgments and sentences entered in case numbers 2005CF964, 2005CF991, and 2005CF1073 in the Circuit Court in and for Leon County. A timely motion to withdraw plea pursuant to Florida Rule of Criminal Procedure 3.170(7) postponed rendition of the judgments and sentences. See Fla. R.App. P. 9.020(h). The record reflects that petitioner asked his attorney to appeal at the conclusion of the hearing on the motion to withdraw plea and that request was not honored. Ellis did have an appeal to this court in case number 1D06-0884, but that appeal concerned orders denying certain postconviction motions, including one which denied a motion to withdraw plea as successive to the rule 3.170(l) motion. The judgments and sentences and denial of the first motion to withdraw plea have not been reviewed and Ellis has not had representation of counsel for preparation of a brief on direct appeal.
The petition is therefore granted and Jeremy Ellis is afforded belated appeal from the above-described judgments and sentences. Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the circuit court, who shall treat it as a notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). The circuit court is directed to appoint counsel to represent Ellis on appeal if he qualifies for such an appointment.
PETITION GRANTED.
WEBSTER, BENTON, and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Baca v. State (Fla. 1st DCA 2021)…9.330 or 9.331. _____________________________ KELSEY, J., concurring specially. The procedural posture of this case presents an opportunity to reconcile two of our opinions: Phelps v. State, 953 So. 2d 623 (Fla. 1st DCA 2007), and Ellis v. State, 975 So. 2d 1192 (Fla. 1st DCA 2008). To be clear, the problem here is not that Petitioner sought a belated appeal while his postconviction appeal was pending. As further explained below, it is permissible, and may be necessary, to petition for a belated, direct app…