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eBook details

• Title: Anderson v. State
• Author : Florida Court of Appeals
• Release Date : January 02, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Petitioner seeks a belated appeal of his judgment and sentence, pursuant to what is now Florida Rule of Appellate Procedure 9.141(c) (and prior to January 1, 2001, was rule 9.140(j)). In his petition, petitioner alleged only that at the time his sentence was imposed, the trial court advised him of his right to appeal; that he told his attorney he wanted to appeal; and that he did not learn that no appeal had been filed until after the time for doing so had passed. The state attached to its response to our order to show cause an affidavit from petitioners trial attorney, in which the attorney denied that petitioner had requested that he file a notice of appeal. As is our practice in such cases, see, e.g., Schubert v. State, 737 So. 2d 1102 (Fla. 1st DCA 1998), we relinquished jurisdiction to the trial court, directing the chief judge to appoint a special master to receive evidence and then make a finding regarding the factual dispute. Following an evidentiary hearing, the special master found that petitioner had not timely requested that his attorney file a notice of appeal. That finding is supported by competent substantial evidence. As no other issue was raised by the petition, we deny it. See Fla. R. App. P. 9.141(c)(3)(F) (requiring that a petition seeking a belated appeal recite in the statement of facts "the specific acts. .. that constitute the alleged. .. basis for entitlement to belated appeal").

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