WILLIAM DON WOFFORD, PETITIONER,
v.
STATE OF FLORIDA AND JAMES V. CROSBY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENTS
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William Don Wofford sought a belated appeal of a circuit court order denying his motion to withdraw his guilty plea. The appellate court granted his petition for belated appeal after his appointed counsel failed to timely pursue the appeal and failed to respond to court orders, and referred counsel to the Florida Bar for professional discipline.
The court granted Wofford's petition for belated appeal. The belated appeal shall proceed as a review of the underlying judgment and sentence entered September 19, 2000, with the April 15, 2003 order denying the motion to withdraw plea being treated as the subject of the appeal.
[1] A defendant is entitled to a belated appeal when appointed counsel fails to file a timely appeal after being instructed to do so, and the defendant was not personally ser…
[2] Failure of appointed counsel to respond to court orders regarding a petition for belated appeal may warrant referral to the Florida Bar for professional discipline.
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Join FLexlaw to unlock all legal intelligence“William Don Wofford seeks a belated appeal of an order of the circuit court denying his motion to withdraw plea pursuant to Florida Rule of Criminal Procedure 3.170(Z).”
Establishes the nature of the appeal and that counsel's failure to timely appeal is the procedural issue.
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Join FLexlaw to unlock all legal intelligenceWofford filed a motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(7). He informed his appointed counsel, Craig J. Marti…
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[*775] PER CURIAM.
William Don Wofford seeks a belated appeal of an order of the circuit court denying his motion to withdraw plea pursuant to Florida Rule of Criminal Procedure 3.170(Z). In his sworn petition, Wof-ford alleges that he informed his appointed counsel, Craig J. Martin, of his desire to appeal any adverse ruling on his motion, but that counsel failed to timely initiate an appeal. Moreover, Wofford notes that he was not personally served a copy of the trial court’s order denying his motion and alleges that he was unaware of its existence until more than three months after its rendition.
We issued an order to show cause, and in response, the state informed us that Mr. Martin had failed to respond to its' request that he provide an affidavit concerning the allegations of the petition. Accordingly, we granted the state’s motion to compel Mr. Martin to furnish such a response, and directed that he do so within a time certain. However, counsel has failed to respond, and in light of that fact, the state indicates that it will interpose no objection to the granting of a belated appeal.
Accordingly, Wofford’s petition seeking belated appeal is granted. The belated appeal shall proceed as seeking review of the underlying judgment and sentence entered on or about September 19, 2000, in Duval County case number 00-589-CF-A, rendition of which was postponed pending rendition of the April 15, 2003, order denying Wofford’s timely motion to withdraw plea pursuant to rule 3.170(7). See Fla. R.App. P. 9.020(h); see also Wofford v. State, 819 So. 2d 891 (Fla. 1st DCA 2002). Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D). If Wofford qualifies for the appointment of counsel at public expense, the trial court shall appoint counsel to represent him on appeal.
We note that this is not the' first time Mr. Martin has failed to comply with an order of this court. Recently, we reprimanded him and referred the matter to the Florida Bar when, as here, he ignored an order directing him to address the allegations of a pending petition for belated appeal. See Orstad v. State, 860 So. 2d 524 (Fla. 1st DCA 2003); Based on his failure to respond to our order' granting the state’s motion to compel in this case, we once again refer Craig J. Martin to the Florida Bar for its determination of whether professional discipline is warranted on this account as well.
ERVIN, DAVIS and BROWNING, JJ., concur.
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Clemons v. State, 3 So. 3d 364 (Fla. 2d DCA 2009)…ee Ortiz v. State, 768 So. 2d 1177 (Fla. 2d DCA 2000). A timely motion to withdraw plea delays rendition of a defendant’s judgment and sentence until the trial court [*366] files a signed, written order disposing of the motion. See Wofford v. State, 866 So. 2d 774, 775 (Fla. 1st DCA 2004) (granting belated appeal to proceed as seeking review of the underlying judgment and sentence for which rendition was postponed pending order denying defendant’s timely motion to withdraw plea); see also Haber v. State, 961…
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Smallwood v. State, 911 So. 2d 849 (Fla. 1st DCA 2005)…ncing pursuant to Florida Rule of Criminal Procedure 3.170 delays rendition of the final order imposing judgment and sentence until the trial court files a signed, written order disposing of the motion. Fla. R.App. P. 9.020(h); see Wofford v. State, 866 So. 2d 774, 775 (Fla. 1st DCA 2004). Therefore, the appellant’s timely motion to withdraw his plea delayed rendition of his judgment and sentence and the instant motion was timely filed within two years. The appellant’s claim is facially sufficient: he allege…
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Barrow v. State, 98 So. 3d 218 (Fla. 1st DCA 2012)…PER CURIAM. Petitioner is granted a belated appeal of the judgment and sentence rendered on December 7, 2010, in Duval County Circuit Court case number 2010-CF-009949. See Wofford v. State, 866 So. 2d 774, 775 (Fla. 1st DCA 2004) (granting belated appeal to proceed as seeking review of the underlying judgment and sentence for which rendition was postponed pending order denying defendant’s timely motion to withdraw plea). Upon issuance of mandate in t…
Authorities Cited
- Wofford v. State, 819 So. 2d 891 (Fla. 1st DCA 2002)
- Orstad v. State, 860 So. 2d 524 (Fla. 1st DCA 2003)