LEE PINKINS, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
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Florida appellate court granted habeas corpus and allowed a delayed appeal where trial judge failed to advise defendant of appellate rights, but conditioned the appeal on showing it is not frivolous.
A defendant denied notice of appellate rights by trial judge's failure to comply with Rule 3.670 is entitled to a delayed appeal under Baggett v. Wainwright, subject to dismissal if the appeal is frivolous.
[1] A trial judge's failure to advise a defendant of appellate rights in violation of Rule 3.670, CrPR, entitles the defendant to a delayed appeal if the guilty plea was othe…
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Join FLexlaw to unlock all legal intelligencePinkins entered a guilty plea after the trial judge determined the plea was voluntary but failed to advise him of his right to appeal as required by R…
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MANN, Chief Judge.
Pinkins’ contention that he did not know of his right to appeal and was deprived of appellate review through state action is shown by the record. The trial judge failed to advise Pinkins of his right to appeal, as required by Rule 3.670, CrPR, 33 F.S.A. What the transcript does show, however, is “that the trial judge carefully and with respect for Pinkins’ rights determined that his guilty plea was voluntary. Accordingly, we must determine that he is entitled to delayed appeal under Baggett v. Wainwright, Fla.1969, 229 So. 2d 239 but that such appeal would be subject to dismissal as frivolous unless there is something in the record as yet undisclosed and reachable on direct appeal rather than through petition for post-conviction relief under CrPR 3.850. We appoint the Honorable James Gardner, Public Defender for the Twelfth Circuit, as counsel for Pinkins and request that he respond to the rule issued herewith to show cause why the appeal should not be dismissed as frivolous and patently without merit. Should there be any point in proceeding further, we will discharge the rule; if not, the appeal will be dismissed on the court’s own motion.
Habeas corpus granted; appeal allowed; rule to show cause why appeal should not be summarily dismissed issued.
McNULTY and BOARDMAN, JJ., concur.
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Citator
Cited By
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Pinkins v. State, 292 So. 2d 55 (Fla. 2d DCA 1974)…lorida, F.S.A., an appeal as of right may be taken from every judgment. Lee Pinkins is no exception. Pinkins has a right of appeal. Pinkins’ problem is that he has no grounds for appeal. In our earlier order, Pinkins v. Wainwright, Fla.App.2d 1973, 283 So. 2d 577, we acknowledged that the petition filed herein seeking delayed appellate review under Baggett v. Wainwright, Fla.1969, 229 So. 2d 239 was well taken in that the trial court had indeed failed to advise Pinkins of his right to appeal and that he had…
Authorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)