GARY RAMONE PHILLIPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of a Rule 3.850 post-conviction relief motion on the merits and relinquished jurisdiction to the circuit court for an evidentiary hearing on appellant's petition for belated appeal based on alleged ineffective assistance of counsel.
The trial court properly denied post-conviction relief under Rule 3.850, and the appellate court relinquished jurisdiction for a hearing on the belated appeal petition.
[1] A petition for belated appeal based on ineffective assistance of counsel in failing to file a timely notice of appeal that is facially sufficient warrants relinquishment…
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Join FLexlaw to unlock all legal intelligenceAppellant filed a Rule 3.850 motion for post-conviction relief raising multiple issues, including a claim that trial counsel failed to file a timely n…
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PER CURIAM.
Appellant seeks review of an order denying his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. The trial court correctly determined that appellant was not entitled to relief on any of the issues properly raised in the motion. Therefore, we affirm the trial court’s order as to those issues.
In his 3.850 motion, appellant also sought a belated appeal alleging ineffective assistance of trial counsel due to failure to file a timely requested notice of appeal. We treated the request as a petition for belated appeal, concluded the petition was facially sufficient, and issued an order to show cause to the state. See Dubois v. State, 705 So. 2d 713 (Fla. 1st DCA), review dismissed, 717 So. 2d 538 (Fla.1998). In response, the state has alleged a good faith basis for disputing the factual allegations in the petition for belated appeal. Therefore, by unpublished order issued on this date, we relinquish jurisdiction to the circuit court for appointment of a special master to serve as commissioner for this court to conduct an evidentiary hearing on the petitioner’s entitlement to a belated appeal. See Wessells v. State, 23 Fla. Law Weekly D1475, 737 So. 2d 1103 (Fla. 1st DCA 1998); Schubert v. State, 23 Fla. Law Weekly D1353, 737 So. 2d 1102 (Fla. 1st DCA 1998).
JOANOS, WOLF and LAWRENCE, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Schubert v. State, 737 So. 2d 1102 (Fla. 1st DCA 1998)
- Wessells v. State, 737 So. 2d 1103 (Fla. 1st DCA 1998)
- Renny Ray Dubois v. State, 705 So. 2d 713 (Fla. 1st DCA 1998)
- Funchess v. State, 705 So. 2d 713 (Fla. 1st DCA 1998)