THOMAS L. PARRISH, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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Thomas Parrish, who pleaded guilty to armed robbery, kidnapping, aggravated battery, and sexual battery and received a 25-year sentence, petitioned for a writ of habeas corpus to obtain a belated appeal. The court appointed a commissioner to hold an evidentiary hearing to resolve the factual dispute of whether Parrish instructed his trial counsel to file a notice of appeal, which is the predicate for granting a belated appeal.
The court appointed a commissioner (the trial judge) to conduct an evidentiary hearing and determine the factual dispute regarding whether Parrish instructed trial counsel to file a notice of appeal, as this determination is necessary to resolve Parrish's entitlement to a belated appeal.
[1] A petition for a belated appeal is facially sufficient if it meets the requirements of Florida Rule of Appellate Procedure 9.141(c).
[2] Once a petitioner presents a facially sufficient petition for a belated appeal, the burden shifts to the State to specifically dispute the petitioner's allegations.
Previewing 2 of 5 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“Parrish's entitlement to a belated appeal depends on a determination of this disputed fact.”
Establishes that the core issue is whether Parrish instructed counsel to file an appeal, which is the predicate for granting a belated appeal.
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Join FLexlaw to unlock all legal intelligenceIn October 2013, Parrish entered a guilty plea to armed robbery, kidnapping, aggravated battery on a pregnant victim, and four counts of sexual batter…
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In October of 2013, Petitioner Thomas Parrish entered a guilty plea to the following charges: (1) armed robbery, (2) kidnapping, (3) aggravated battery on a pregnant victim, and (4) four counts of sexual battery. Pursuant to the plea, Parrish was sentenced to twenty-five years in prison, followed by five years of probation.
On or about June 25, 2014, Parrish, pursuant to Rule 9.141(e) of the Florida Rules of Appellate Procedure, filed a petition for writ of habeas corpus with this Court seeking a belated appeal. Because that petition was facially insufficient (that is, it did not allege that Parrish had made a timely request of counsel to file an appeal on Parrish’s behalf), we denied the petition without prejudice. Parrish v. State, 158 So.3d 591 (Fla. 3d DCA 2014)(Table).
On or about May 22, 2015, Parrish filed the instant petition for writ of habeas corpus with this Court, again seeking a belated appeal. In the instant petition, Parrish specifically asserts that, on November 6, 2013, Parrish “... informed counsel that he wished to appeal and instructed him [counsel] to take the necessary steps to preserve that right.”1
We ordered the State to respond to the instant petition. The State appended an email to its Response that Parrish’s trial counsel sent to the State, in which trial counsel disputes Parrish’s assertion that counsel was requested to file a notice of appeal. Accordingly, the State has raised a good faith basis to dispute Parrish’s claim that Parrish instructed his trial counsel to file a notice of appeal. Parrish’s *146entitlement to a belated appeal depends on a determination of this disputed fact.
Therefore, we appoint a commissioner, Judge Stacy D. Glick (the trial judge below), to hold an evidentiary hearing and determine the limited, disputed issue of fact upon which the instant petition turns: whether Parrish instructed his trial counsel to file a notice of appeal. Trowell, 739 So.2d at 81.
In order to allow Judge Glick the opportunity to conduct an evidentiary hearing, make the required determination, and transmit a report of such determination to this Court, the proceedings on the instant petition shall be held in abeyance for sixty days from the date of this order.
Commissioner appointed; petition held in abeyance.
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Alvarez v. State, 230 So. 3d 625 (Fla. 3d DCA 2017)…ge Fernandez the opportunity to conduct an evidentiary hearing, make the required determination, and transmit an order to this court of the determination, this petition shall be held in abeyance for a period of sixty (60) days. See Parrish v. State, 201 So. 3d 145, 146 (Fla. 3d DCA 2016). Commissioner appointed; petition held in abeyance. . Florida Rule of Appellate Procedure 9.141(c)(4)(F)(i) provides that a petition seeking a belated appeal "must state whether the petitioner requested counsel to proceed w…
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Wilfredo Cardenas v. State, 225 So. 3d 304 (Fla. 3d DCA 2017)…th defense counsel as an exhibit to its response. Accordingly, the State has raised a good faith basis to dispute Cardenas’s claim that he requested his counsel to appeal the trial court’s denial of his alleged motion to suppress.2 Parrish v. State, 201 So. 3d 145, 145-46 (Fla. 3d DCA 2016). We appoint as á commissioner, Judge Monica Gordo (the trial judge below), to conduct an evidentiary hearing and determine the limited, disputed fact on which the instant petition is based: whether Cardenas instructed his…
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Santiago v. State, 238 So. 3d 343 (Fla. 3d DCA 2017)…" the defendant's belated appeal petition where the state's response "informed this Court that it contacted Brownlee's defense counsel who recalled that he advised Brownlee about his appellate rights in light of his plea bargain"); Parrish v. State, 201 So. 3d 145, 145-46 (Fla. 3d DCA 2016) (finding the state "raised a good faith basis to dispute" the defendant's belated appeal petition where the state "appended an e-mail to its Response ... in which trial counsel disputes Parrish's assertion that counsel was…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Trowell, 739 So. 2d 77 (Fla. 1999)