Daniels v. State

District Court of Appeal of Florida

Daniels v. State

650 So. 2d 226, 1995 Fla. App. LEXIS 1566, 1995 WL 63079

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 1995

DocketNo. 94-2481

StatusPublished

This text of 650 So. 2d 226 (Daniels 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

Daniels v. State, 650 So. 2d 226, 1995 Fla. App. LEXIS 1566, 1995 WL 63079 (Fla. Ct. App. 1995).

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Opinion

W. SHARP, Judge.

Daniels petitions this court for a writ of habeas corpus, permitting him to take a belated appeal from his convictions of burglary,¹ trafficking in stolen property,² grand theft,³ possession of cocaine,⁴ petty theft,⁵ possession of paraphernalia,⁶ and the twenty-year habitual offender sentence he received as a consequence. The state concedes Daniels was deprived of his right to appellate review by failure to provide him with appellate counsel in a timely fashion to perfect and prosecute his appeal. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963).

[227]*227The petitioner is entitled to relief. See, e.g., Tal-Mason v. Singletary, 596 So.2d 796 (Fla. 4th DCA 1992). Accordingly we grant the petition. We reinstate his appeal. This cause is remanded to the trial court for the appointment of appellate counsel and for preparation of the record on appeal. The record and briefing shall be prepared in accordance with the Florida Rules of Appellate Procedure and the timing requirements shall commence upon appointment of appellate counsel.

Petition for Writ of Habeas Corpus GRANTED; Appeal No. 93-2724 REINSTATED.

PETERSON and THOMPSON, JJ., concur.

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W. SHARP, Judge.

Daniels petitions this court for a writ of habeas corpus, permitting him to take a belated appeal from his convictions of burglary,¹ trafficking in stolen property,² grand theft,³ possession of cocaine,⁴ petty theft,⁵ possession of paraphernalia,⁶ and the twenty-year habitual offender sentence he received as a consequence. The state concedes Daniels was deprived of his right to appellate review by failure to provide him with appellate counsel in a timely fashion to perfect and prosecute his appeal. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963).

[227]*227The petitioner is entitled to relief. See, e.g., Tal-Mason v. Singletary, 596 So.2d 796 (Fla. 4th DCA 1992). Accordingly we grant the petition. We reinstate his appeal. This cause is remanded to the trial court for the appointment of appellate counsel and for preparation of the record on appeal. The record and briefing shall be prepared in accordance with the Florida Rules of Appellate Procedure and the timing requirements shall commence upon appointment of appellate counsel.

Petition for Writ of Habeas Corpus GRANTED; Appeal No. 93-2724 REINSTATED.

PETERSON and THOMPSON, JJ., concur.

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Bluebook (online)

650 So. 2d 226, 1995 Fla. App. LEXIS 1566, 1995 WL 63079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-state-fladistctapp-1995.

Opinion

W. SHARP, Judge.

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