MICHAEL CHARLES DESUE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Michael Charles DeSue sought belated appeals of orders dismissing his Rule 3.800(a) motion and barring further pro se filings. The court granted the belated appeal petition regarding the dismissal order because the trial court failed to advise him of appellate rights as required by Rule 3.800(a), but denied the belated appeal request regarding the pro se filing bar order because no similar statutory notice requirement applies to sanction orders.
The court granted the petition for belated appeal of the April 16, 2009, order dismissing the Rule 3.800(a) motion because Rule 3.800(a) requires that orders denying such motions include a statement of the right to appeal within 30 days. However, the petition for belated appeal of the May 4, 2009, order barring pro se filings was denied because procedural rules contain no similar notice requirement for sanction orders.
[1] Orders denying motions under Florida Rule of Criminal Procedure 3.800(a) must include a statement advising the movant of their right to appeal within 30 days.
[2] A belated appeal will not be granted for an order barring further pro se filings if the order does not contain a statement of appellate rights and no authority supports s…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Rule 3.800(a) requires that all orders denying motions under that subdivision shall include a statement that the movant has the right to appeal within 30 days of rendition of the order.”
Establishes the statutory requirement that triggered the court's grant of the belated appeal petition
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Join FLexlaw to unlock all legal intelligenceDeSue filed a Rule 3.800(a) motion seeking relief, which was dismissed by the trial court on April 16, 2009, without advising him of his right to appe…
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Michael Charles DeSue seeks belated appeals of an order of the circuit court dismissing his motion seeking relief pursuant to Florida Rule of Criminal Procedure 3.800(a), and a subsequent order barring him from submitting any further pro se filings. He claims an entitlement to belated appeal on grounds that the trial court’s orders failed to advise him of his right to appeal and the time limit associated with invoking that right. Rule 3.800(a) requires that all orders denying motions under that subdivision shall include a statement that the movant has the right to appeal within 30 days of rendition of the order. Accordingly, we grant the petition seeking belated appeal as to the April 16, 2009, order disposing of petitioner’s rule 3.800(a) motion. However, the rules of procedure contain no similar requirement with respect to orders imposing sanctions in the form of a bar on further pro se filings, nor has petitioner identified any authority holding that the absence of a statement concerning appellate rights in such an order warrants the granting of a belated appeal. Petitioner’s request for a belated appeal of the May 4, 2009, order barring further pro se filings is therefore denied.
Upon issuance of mandate in this cause, a copy of this opinion shall be furnished to the clerk of the lower tribunal for treatment as a notice of appeal directed to the April 16, 2009, “Order Dismissing Motion to Correct Manifest of Injustice Sentences and Disqualification of Judges & Order to Show Cause” in Bay County Circuit Court case numbers 87-0155, 87-0156, 87-0157, 87-0392, 87-00393, 87-0400, 87-0401, 87-0433, 87-0434, 87-0435, and 92-0266.
PETITION for belated appeal GRANTED in part and DENIED in part.
HAWKES, THOMAS, and ROBERTS, JJ., concur.
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Wingard v. State, 135 So. 3d 300 (Fla. 1st DCA 2012)…. P. 9.110(b)(notice of appeal must be filed within 30 days of rendition of order to be reviewed). This dismissal is without prejudice to any right the appellant may have to seek belated review by filing a petition in this Court. See DeSue v. State, 65 So. 3d 52 (Fla. 1st DCA 2011) (granting petition for belated appeal of rule 3.800(a) motion where order denying relief did not advise defendant of right to appeal within thirty days). WOLF, RAY, and MAKAR, JJ., concur.…
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