ROBERT WAYNE WEEKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robert Wayne Weeks appealed his two convictions for breaking and entering with intent to commit a misdemeanor, arguing that the trial court's refusal to transcribe the proceedings surrounding his guilty pleas violated his due process and equal protection rights and constitutional right to appellate review. The appellate court affirmed the convictions, finding no merit to his arguments based on prior adverse precedent.
The court held that the trial court's refusal to transcribe the proceedings was not constitutional error, affirming the judgments and sentences based on prior precedent establishing that such refusal does not violate appellate rights.
[1] A defendant is not denied due process or equal protection by a trial court's refusal to transcribe arraignment proceedings where the appellate issues raised concern only…
[2] A defendant's constitutional right to appellate review does not mandate the transcription of arraignment proceedings when the appellate issues do not pertain to the arrai…
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Join FLexlaw to unlock all legal intelligence“Appellant seeks reversal of his two convictions, entered pursuant to his pleas of guilty, for the offenses of breaking and entering with intent to commit a misdemeanor and consecutive sentences of five years.”
Establishes the nature of the convictions and sentences being appealed
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Join FLexlaw to unlock all legal intelligenceWeeks entered guilty pleas to two counts of breaking and entering with intent to commit a misdemeanor and received consecutive sentences of five years…
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PER CURIAM.
Appellant seeks reversal of his two convictions, entered pursuant to his pleas of guilty, for the offenses of breaking and entering with intent to commit a misdemeanor and consecutive sentences of five years.
The sole issue raised on appeal is whether appellant was denied due process and equal protection of the law and his constitutional right to an appellate review of his convictions by the trial court’s refusal to order transcribed the proceedings surrounding the entry of his pleas of guilty. It should be noted that the assistant public defender for the Fourteenth Judicial Circuit filed an assignment of error relating solely to the sentencing proceeding, which proceeding was transcribed at the request of said assistant public defender. The assignments of error later filed by the Second Circuit’s Public Defender’s Office relate solely to the trial court’s refusal to grant appellant’s motion to transcribe the notes of appellant’s arraignment proceedings. There is no mention whatsoever concerning appellant’s pleas or the jurisdiction of the trial court.
This Court has previously decided the issue raised in this appeal adversely to appellant in the cases of Moore v. State, 298 So. 2d 561 (Fla.App. 1st, 1974); Winters v. State, Case No. X-103, and Martin v. State, Case No. X-173 (Orders granting motions to dismiss filed March 5, 1975); and Wilson v. State, 312 So. 2d 252 (Fla.App. 1st, 1975). Also see Cueni v. State, 303 So. 2d 411 (Fla.App. 1st, 1974) cert. den. 310 So. 2d 738 (Fla.1975). Upon the authority of the above cited cases, the judgments and sentences appealed herein are affirmed.
RAWLS, Acting C. J., and McCORD and MILLS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 318 So. 2d 452 (Fla. 1st DCA 1975)…PER CURIAM. Affirmed. See Weeks v. State, Fla.App. (1st), 316 So. 2d 71, Opinion filed August 1, 1975. RAWLS, Acting C. J., and McCORD and SMITH, JJ., concur.…
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RIM v. State, 317 So. 2d 463 (Fla. 1st DCA 1975)…PER CURIAM. Affirmed. See Weeks v. State, Fla.App. (1st), 316 So. 2d 71, opinion filed August 1, 1975. RAWLS, Acting C. J., and McCORD and SMITH, JJ., concur.…
Authorities Cited
- Moore v. State, 298 So. 2d 561 (Fla. 1st DCA 1974)
- Cueni v. State, 303 So. 2d 411 (Fla. 1st DCA 1974)
- Baldwin v. Louie L. Wainwright, 310 So. 2d 738 (Fla. 1975)
- Cueni v. State, 310 So. 2d 738 (Fla. 1975)
- Wilson v. State, 312 So. 2d 252 (Fla. 1st DCA 1975)