CEDRIC BROWNLEE, PETITIONER,
v.
THE 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.
Cedric Brownlee petitioned for a belated appeal after entering a guilty plea to murder, robbery with a firearm, and carrying a concealed weapon. The court appointed a commissioner to hold an evidentiary hearing to determine the disputed factual issue of whether Brownlee instructed his defense counsel to file a notice of appeal regarding the suppression motion denial.
The court appointed a commissioner to conduct an evidentiary hearing to determine the disputed factual issue of whether Brownlee instructed his defense counsel to file a notice of appeal, as this factual determination is dispositive of Brownlee's entitlement to a belated appeal.
[1] A petition for a belated appeal may be granted when a defendant claims they instructed counsel to file an appeal and counsel failed to do so.
[2] When a defendant's claim of instructing counsel to appeal is disputed in good faith by the State, an evidentiary hearing is required to determine the disputed fact.
Previewing 2 of 4 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“Brownlee asserts that he requested his defense counsel to appeal the trial court's denial of his motion to suppress evidence, which had preceded his guilty plea. Brownlee asserts that he made this request of defense counsel both before and after the guilty plea, and that his guilty plea was premised upon Brownlee preserving his right to appeal the suppression issue.”
Establishes Brownlee's claim regarding the conditional nature of his plea and his instructions to counsel
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn May 2015, Brownlee entered a guilty plea to second-degree murder, robbery with a firearm, and carrying a concealed weapon by a convicted felon, and…
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 Dispositive Issue cases and more on FLexlaw
In May of 2015, Petitioner Cedric Brownlee entered a guilty plea To the following charges: (1) second degree murder, (2) robbery with a, firearm, and (3) carrying a concealed weapon by a convicted felon. The trial court sentenced Brownlee to thirtyrfive years in prison,, followed by five years of probation.
Brownlee filed a petition with this Court, pursuant to rule 9.141(c) of the Florida Rules of Appellate Procedure, seeking a belated appeal. In his petition, Brownlee asserts that he requested his defense counsel to appeal the trial court’s denial of his motion to suppress evidence, which had preceded his guilty plea. Brownlee asserts that hq made this request of defense counsel both before and after the guilty plea, *1065and that his guilty plea was premised upon Brownlee preserving his right to appeal the suppression issue. Such appeal did not occur.
We ordered the State to respond to the instant petition. In its Response, the State argues that Brownlee is not entitled to a belated appeal because the trial court’s denial of the motion to suppress did not trigger a dispositive, appealable issue. Further, the State 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; Accordingly, the State has raised a good faith basis to dispute Brown-lee’s assertion that his defense counsel failed to file an appeal on his behalf. Brownlee’s entitlement to a belated appeal depends upon a determination of this disputed fact.
Therefore, we appoint a commissioner, Judge Ellen Venzer (the trial judge below), to hold an evidentiary hearing and determine the limited, disputed issue of fact upon which Brownlee’s , petition turns: whether Brownlee instructed his defense counsel to file a notice of appeal. See State v. Trowell, 739 So.2d 77 (Fla. 1999).
In order to allow Judge Venzer the opportunity to conduct an evidentiary hearing, and transmit a report of such determination to this Court, the proceedings on the instant petition shall be held in abeyance for a period of sixty days from the date of this order.
Commissioner appointed; petition held in abeyance.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Alvarez v. State, 230 So. 3d 625 (Fla. 3d DCA 2017)…tructed his counsel to file an appeal, we order the appointment of a special commissioner, Judge Jose L. Fernandez (the trial court judge below), to hold an eviden-tiary hearing to resolve this limited, factual dispute. See, e.g., Brownlee v. State, 223 So. 3d 1064, 1065 (Fla. 3d DCA 2017); Duggins v. State, 921 So. 2d 775, 776 (Fla. 3d DCA 2006). In order to allow Judge Fernandez the opportunity to conduct an evidentiary hearing, make the required determination, and transmit an order to this court of the det…
-
Santiago v. State, 238 So. 3d 343 (Fla. 3d DCA 2017)…would have to find another attorney. The state's response raises a good faith basis to dispute Santiago's assertion that he requested his trial counsel to file an appeal on his behalf, and his trial counsel agreed to do it. See Brownlee v. State, 223 So. 3d 1064, 1065 (Fla. 3d DCA 2017) (finding the state "had raised a good faith basis to dispute" 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…
-
Alvarez v. State, 254 So. 3d 510 (Fla. 3d DCA 2018)…cted his counsel to file an appeal, we order the appointment of a special commissioner, Judge Jose L. Fernandez (the trial court judge below), to hold an evidentiary hearing to resolve this limited, factual dispute. See, e.g., Brownlee v. State, 223 So. 3d 1064, 1065 (Fla. 3d DCA 2017); Duggins v. State, 921 So. 2d 775, 776 (Fla. 3d DCA 2006). In order to allow Judge Fernandez the opportunity to conduct an evidentiary hearing, make the required determination, and transmit an order to this court of the…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Trowell, 739 So. 2d 77 (Fla. 1999)