STATE OF FLORIDA EX REL. ROBERT L. SHEVIN, ATTORNEY GENERAL, RELATOR,
v.
THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT, ET AL., RESPONDENTS
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.
The Florida Supreme Court held that a prisoner who files a motion under Rule 3.850 (postconviction relief) must be notified of both the right to appeal a denial and the accompanying time limitations. The Court rejected the State's attempt to dismiss an appeal as untimely when the defendant was not informed of his appellate rights.
A movant under Rule 3.850 must be notified of the right to appeal any denial of the requested relief and the time limitations governing that appeal. The failure to provide such notice renders an otherwise untimely appeal timely.
[1] A prisoner is entitled to be notified of the right to appeal a denial of a motion filed under Fla.R.Cr.P. …
[2] The right to appeal an adverse ruling on a Rule 3.850 motion is rendered useless if the movant is not informed of its existence and time limitations.
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“a movant under Rule 3.850 must be notified of his right to appeal any denial of the requested relief”
Establishes the core holding that notification of appellate rights is mandatory
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe respondent was convicted of robbery and sentenced to life imprisonment. On January 14, 1974, the trial court denied his motion to vacate filed und…
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 Timeliness Of Notice Of Appeal cases and more on FLexlaw
PER CURIAM.
Respondent was tried and convicted of robbery and received a sentence of life imprisonment. On January 14, 1974, the trial court denied his motion to vacate filed under Fla.R.Cr.P. 3.850. On February 20, 1974, he filed his notice of appeal with the District Court of Appeal, Third District. The State moved to dismiss contending that notice of appeal was not timely filed. Respondent conceded that his appeal was not timely filed, but alleged that the untimeliness was due to State action since he was not advised of his right to appeal the denial of his Rule 3.850 Motion.
The Clerk of the Eleventh Judicial Circuit Court through affidavit informed the Third District that the respondent had beer, informed of the denial of his Rule 3.-850 Motion — but not of his right to appeal same to the appropriate District Court of Appeal. The Third District denied the motion to dismiss.
The relator then filed a suggestion for Writ of Prohibition with this Court and sought issuance of a rule nisi directing the Third District to show cause why it should not be prohibited from continuing to exercise jurisdiction over the cause. We issued the rule nisi and a return has been properly filed.
The principal issue to be decided is whether a prisoner who has filed a motion under Rule 3.850 is entitled to be notified of both the right to appeal a denial of the requested relief and of the accompanying time limitation.
O’Malley v. Wainwright, 237 So. 2d 813 (Fla.App.2d 1970), construed this Court’s decision in Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969), to hold that a movant under Rule 3.850 must be notified of his right to appeal any denial of the requested relief. We agree.
Rule 3.850 grants a right of appeal to a movant who has received an adverse ruling. This right is rendered useless if the movant is not informed of-its existence and of the time limitation governing its utilization.
Consequently, relator’s suggestion for Writ of Prohibition is discharged. Jurisdiction of the cause is thus retained by the District Court of Appeal, Third District, which has correctly treated the appeal as one timely filed.
It is so ordered.
ADKINS, C. J., BOYD, McCAIN and ENGLAND, JJ., and BOYER, District Judge, concur. OVERTON, J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (34 total)
-
Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989)…o appeal, Rule 3.850, Florida Rules of Criminal Procedure, expressly requires that an order denying relief contain such notice. Omission of the language will support a belated appeal, State ex rel. Shevin v. District Court of Appeal, Third District, 316 So. 2d 50 (Fla.1975). Jordan, however, sought relief in the lower court pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. That rule does not contain language similar to that in Rule 3.850 regarding notice of a right to appeal and we decline to e…
-
Viqueira v. Roth, 591 So. 2d 1147 (Fla. 3d DCA 1992)…he right to appeal and the time limit for doing so, it is appropriate to grant a petition for writ of habeas corpus for belated appeal of the order denying post-conviction relief. See State ex rel. Shevin v. District Court of Appeal, Third District, 316 So. 2d 50, 51 (Fla.1975); Scalf v. Singletary, 589 So. 2d 986 (Fla. 2d DCA 1991); Cox v. State, 583 So. 2d 822 (Fla. 4th DCA 1991); Marsh v. State, 581 So. 2d 653 (Fla. 4th DCA 1991). Having granted a belated appeal of the order denying post-conviction relie…
-
Prince Narvel Wray v. State, 690 So. 2d 687 (Fla. 5th DCA 1997)…it of habeas corpus for belated appeal is granted because the order denying the petitioner’s Rule 3.850 motion did not advise the petitioner of his right to appeal within thirty days. State ex rel. Shevin v. District Court of Appeal, Third District, 316 So. 2d 50 (Fla.1975); Owens v. State, 668 So. 2d 715 (Fla. 5th DCA 1996). The petitioner is permitted to file a belated notice of appeal of the order denying his motion for post-conviction relief within thirty days of the date of this opinion. PETITION GRAN…
Previewing 3 of 34 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- O'Malley v. Louie L. Wainwright, 237 So. 2d 813 (Fla. 2d DCA 1970)