Keil v. Singletary

District Court of Appeal of Florida

Keil v. Singletary

649 So. 2d 354, 1995 Fla. App. LEXIS 980, 1995 WL 46611

CourtDistrict Court of Appeal of Florida

DecidedFebruary 8, 1995

DocketNo. 94-2780

StatusPublished

Cited by2 cases

This text of 649 So. 2d 354 (Keil v. Singletary) 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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Keil v. Singletary, 649 So. 2d 354, 1995 Fla. App. LEXIS 980, 1995 WL 46611 (Fla. Ct. App. 1995).

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Opinion

GUNTHER, Judge.

Petitioner, Jacques D. Keil, petitions this court for a writ of habeas corpus seeking leave to file a belated appeal from an order denying his Florida Rule of Criminal Procedure 3.850 motion. The state concedes that the order denying petitioner’s rule 3.850 motion did not inform him of his right to appeal within thirty days. Both the rule and case law require the petitioner to be informed of his right to appeal. See Fla.R.Crim.P. 3.850(g); State ex rel. Shevin v. District Court of Appeal, Third District, 316 So.2d 50 (Fla.1975); Lewis v. State, 606 So.2d 767 (Fla. 4th DCA 1992). Accordingly, the petition for writ of habeas corpus is granted affording the petitioner an opportunity to file a belated appeal within thirty days.

PETITION GRANTED.

FARMER and KLEIN, JJ., concur.

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GUNTHER, Judge.

Petitioner, Jacques D. Keil, petitions this court for a writ of habeas corpus seeking leave to file a belated appeal from an order denying his Florida Rule of Criminal Procedure 3.850 motion. The state concedes that the order denying petitioner’s rule 3.850 motion did not inform him of his right to appeal within thirty days. Both the rule and case law require the petitioner to be informed of his right to appeal. See Fla.R.Crim.P. 3.850(g); State ex rel. Shevin v. District Court of Appeal, Third District, 316 So.2d 50 (Fla.1975); Lewis v. State, 606 So.2d 767 (Fla. 4th DCA 1992). Accordingly, the petition for writ of habeas corpus is granted affording the petitioner an opportunity to file a belated appeal within thirty days.

PETITION GRANTED.

FARMER and KLEIN, JJ., concur.

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Bluebook (online)

649 So. 2d 354, 1995 Fla. App. LEXIS 980, 1995 WL 46611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keil-v-singletary-fladistctapp-1995.

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