Faris ex rel. Strickland v. Wennet

District Court of Appeal of Florida

Faris ex rel. Strickland v. Wennet

606 So. 2d 512, 1992 Fla. App. LEXIS 11175, 1992 WL 310324

District Court of Appeal of Florida·Decided October 28, 1992·No. No. 92-2549·Published

Opinion

PER CURIAM.

Petitioner has filed a petition for writ of mandamus to compel the trial court to grant him a belated appeal because the court order denying his Rule 3.850 motion failed to advise him of his right to appeal.

We treat the petition as one for habeas corpus and grant the writ entitling petitioner to a belated appeal. State ex rel. Shevin v. District Court of Appeal, Third District, 316 So.2d 50 (Fla.1975); Marsh v. State, 581 So.2d 653 (Fla. 4th DCA 1991). Petitioner is directed to file his notice of appeal within thirty days from date of this opinion.

DOWNEY, STONE and WARNER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Petitioner has filed a petition for writ of mandamus to compel the trial court to grant him a belated appeal because the court order denying his Rule 3.850 motion failed to advise him of his right to appeal.

We treat the petition as one for habeas corpus and grant the writ entitling petitioner to a belated appeal. State ex rel. Shevin v. District Court of Appeal, Third District, 316 So.2d 50 (Fla.1975); Marsh v. State, 581 So.2d 653 (Fla. 4th DCA 1991). Petitioner is directed to file his notice of appeal within thirty days from date of this opinion.

DOWNEY, STONE and WARNER, JJ., concur.

Faris ex rel. Strickland v. Wennet, 606 So. 2d 512, 1992 Fla. App. LEXIS 11175, 1992 WL 310324 (Fla. Ct. App. 1992).

Pincite

606 So. 2d 512 (Faris ex rel. Strickland v. Wennet) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related