Black v. State

District Court of Appeal of Florida

Black v. State

490 So. 2d 1287, 11 Fla. L. Weekly 1372, 1986 Fla. App. LEXIS 8741

CourtDistrict Court of Appeal of Florida

DecidedJune 18, 1986

DocketNo. BM-494

StatusPublished

Cited by3 cases

This text of 490 So. 2d 1287 (Black 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.

Bluebook

Black v. State, 490 So. 2d 1287, 11 Fla. L. Weekly 1372, 1986 Fla. App. LEXIS 8741 (Fla. Ct. App. 1986).

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Opinion

ON PETITION FOR WRIT OF HABEAS CORPUS FOR BELATED APPEAL

BOOTH, Chief Judge.

Robert Black has filed a petition for writ of habeas corpus, seeking belated appeal of a circuit court order which denied his petition for a writ of mandamus to review the determination of his presumptive parole release date (PPRD). For the reasons set forth below, we deny the petition.

Our initial reason for denying the petition is that it does not allege that the relief requested will entitle the petitioner to release or a new trial. Only in such circumstances will a writ of habeas corpus be granted. Cash v. Smith, 465 So.2d 1294 (Fla. 1st DCA 1985). Even if such an allegation were made, however, we find that the present petition must be denied. The right to a belated appeal arises from the accused’s sixth amendment right to counsel, made applicable to the states through the due process clause of the fourteenth amendment. State v. Meyer, 430 So.2d 440 (Fla.1983); Baggett v. Wainwright, 229 So.2d 239 (Fla.1969). The setting of a PPRD under the Florida statutory scheme does not involve an interest in liberty that implicates federal constitutional rights. Hunter v. Florida Parole & Probation Commission, 674 F.2d 847 (11th Cir.1982); Staton v. Wainwright, 665 F.2d 686 (5th Cir.), cert. denied, 456 U.S. 909, 102 S.Ct. 1757, 72 L.Ed.2d 166 (1982). Accordingly, we conclude that the remedy of habeas corpus to secure a belated appeal cannot be utilized to obtain review of a circuit court order relating to the calculation or establishment of a PPRD.

ERVIN and THOMPSON, JJ., concur.

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ON PETITION FOR WRIT OF HABEAS CORPUS FOR BELATED APPEAL

BOOTH, Chief Judge.

Robert Black has filed a petition for writ of habeas corpus, seeking belated appeal of a circuit court order which denied his petition for a writ of mandamus to review the determination of his presumptive parole release date (PPRD). For the reasons set forth below, we deny the petition.

Our initial reason for denying the petition is that it does not allege that the relief requested will entitle the petitioner to release or a new trial. Only in such circumstances will a writ of habeas corpus be granted. Cash v. Smith, 465 So.2d 1294 (Fla. 1st DCA 1985). Even if such an allegation were made, however, we find that the present petition must be denied. The right to a belated appeal arises from the accused’s sixth amendment right to counsel, made applicable to the states through the due process clause of the fourteenth amendment. State v. Meyer, 430 So.2d 440 (Fla.1983); Baggett v. Wainwright, 229 So.2d 239 (Fla.1969). The setting of a PPRD under the Florida statutory scheme does not involve an interest in liberty that implicates federal constitutional rights. Hunter v. Florida Parole & Probation Commission, 674 F.2d 847 (11th Cir.1982); Staton v. Wainwright, 665 F.2d 686 (5th Cir.), cert. denied, 456 U.S. 909, 102 S.Ct. 1757, 72 L.Ed.2d 166 (1982). Accordingly, we conclude that the remedy of habeas corpus to secure a belated appeal cannot be utilized to obtain review of a circuit court order relating to the calculation or establishment of a PPRD.

ERVIN and THOMPSON, JJ., concur.

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Bluebook (online)

490 So. 2d 1287, 11 Fla. L. Weekly 1372, 1986 Fla. App. LEXIS 8741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-state-fladistctapp-1986.

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