Buie v. State

District Court of Appeal of Florida

Buie v. State

709 So. 2d 655, 1998 Fla. App. LEXIS 5580, 1998 WL 251488

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 1998

DocketNo. 97-3951

StatusPublished

Cited by1 cases

This text of 709 So. 2d 655 (Buie 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

Buie v. State, 709 So. 2d 655, 1998 Fla. App. LEXIS 5580, 1998 WL 251488 (Fla. Ct. App. 1998).

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Opinion

JOANOS, Judge.

This cause is before the court as an appeal of an order dismissing appellant’s motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We treat the appeal as a petition for belated appeal under rule 9.140(j) of the Florida Rules of Appellate Procedure. The trial court previously directed the state to show cause why appellant should not be granted a belated appeal, and the state responded that it did not oppose a grant of belated appeal for appellant. Therefore, it is unnecessary for this court to appoint a commissioner to make a report and recommendation as contemplated by the Committee Notes to rule 9.140(j). See Schubert v. State (Fla. 1st DCA 1998)[23 Fla. L. Weekly D893]; Hammond v. State, 706 So.2d 73 (Fla. 1st DCA 1998); Dubois v. State, 705 So.2d 713 (Fla. 1st DCA 1998).

Accordingly, the petition for belated appeal is granted. Pursuant to Florida Rule of Appellate Procedure 9.140(j)(5)(D), this opinion shall be filed with the lower tribunal and treated as the notice of appeal. If the petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent appellant on appeal.

WOLF, J., and SMITH, LARRY G., Senior Judge, concur.

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JOANOS, Judge.

This cause is before the court as an appeal of an order dismissing appellant’s motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We treat the appeal as a petition for belated appeal under rule 9.140(j) of the Florida Rules of Appellate Procedure. The trial court previously directed the state to show cause why appellant should not be granted a belated appeal, and the state responded that it did not oppose a grant of belated appeal for appellant. Therefore, it is unnecessary for this court to appoint a commissioner to make a report and recommendation as contemplated by the Committee Notes to rule 9.140(j). See Schubert v. State (Fla. 1st DCA 1998)[23 Fla. L. Weekly D893]; Hammond v. State, 706 So.2d 73 (Fla. 1st DCA 1998); Dubois v. State, 705 So.2d 713 (Fla. 1st DCA 1998).

Accordingly, the petition for belated appeal is granted. Pursuant to Florida Rule of Appellate Procedure 9.140(j)(5)(D), this opinion shall be filed with the lower tribunal and treated as the notice of appeal. If the petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent appellant on appeal.

WOLF, J., and SMITH, LARRY G., Senior Judge, concur.

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Bluebook (online)

709 So. 2d 655, 1998 Fla. App. LEXIS 5580, 1998 WL 251488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buie-v-state-fladistctapp-1998.

Opinion

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