Beggio v. State

District Court of Appeal of Florida

Beggio v. State

870 So. 2d 964, 2004 Fla. App. LEXIS 5841, 2004 WL 893939

CourtDistrict Court of Appeal of Florida

DecidedApril 28, 2004

DocketNo. 1D04-1247

StatusPublished

Cited by1 cases

This text of 870 So. 2d 964 (Beggio v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Beggio v. State, 870 So. 2d 964, 2004 Fla. App. LEXIS 5841, 2004 WL 893939 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Peter Beggio seeks a belated appeal of a June 2001 order of the circuit court denying his motion for postconviction relief. We deny the petition, concluding that it is untimely under Florida Rule of Appellate Procedure 9.141(c)(4)(A). Moreover, even if the present petition is deemed to relate back to the prior pro se petition that was timely filed but was dismissed for failure to comply with an order of the court, we find that the matters alleged in the petition fail to set forth a basis for the granting of a belated appeal. While petitioner’s prior counsel may have given him a candid assessment of the likelihood of a successful appeal of the denial of his postconviction motion, petitioner has failed to show that his counsel improperly discouraged him from filing an appeal.

PETITION FOR BELATED APPEAL DENIED.

KAHN, VAN NORTWICK and POLSTON, JJ., concur.

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PER CURIAM.

Peter Beggio seeks a belated appeal of a June 2001 order of the circuit court denying his motion for postconviction relief. We deny the petition, concluding that it is untimely under Florida Rule of Appellate Procedure 9.141(c)(4)(A). Moreover, even if the present petition is deemed to relate back to the prior pro se petition that was timely filed but was dismissed for failure to comply with an order of the court, we find that the matters alleged in the petition fail to set forth a basis for the granting of a belated appeal. While petitioner’s prior counsel may have given him a candid assessment of the likelihood of a successful appeal of the denial of his postconviction motion, petitioner has failed to show that his counsel improperly discouraged him from filing an appeal.

PETITION FOR BELATED APPEAL DENIED.

KAHN, VAN NORTWICK and POLSTON, JJ., concur.

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Bluebook (online)

870 So. 2d 964, 2004 Fla. App. LEXIS 5841, 2004 WL 893939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beggio-v-state-fladistctapp-2004.

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