Merrell v. Singletary

District Court of Appeal of Florida

Merrell v. Singletary

736 So. 2d 730, 1999 Fla. App. LEXIS 7899, 1999 WL 391886

CourtDistrict Court of Appeal of Florida

DecidedJune 16, 1999

DocketNo. 98-3321

StatusPublished

This text of 736 So. 2d 730 (Merrell 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.

Bluebook

Merrell v. Singletary, 736 So. 2d 730, 1999 Fla. App. LEXIS 7899, 1999 WL 391886 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Gary Oble Merrell petitions for a belated appeal. He alleged that after an evidentiary hearing on a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, he requested, and his privately-retained trial counsel agreed, to take an appeal. No appeal was ever filed.

We appointed a commissioner who conducted an evidentiary hearing at which defendant-appellant Merrell and his trial counsel both testified. The trial court found that trial counsel “was not retained to pursue an appeal of the court’s denial of a motion for post-conviction relief and therefore did not file such an appeal.” That being so, the petition for belated appeal is denied. See Steele v. Kehoe, 24 Fla. L. Weekly S237, S238-39, — So.2d -, -, 1999 WL 343071 (Fla. May 27, 1999).

Petition denied.

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PER CURIAM.

Gary Oble Merrell petitions for a belated appeal. He alleged that after an evidentiary hearing on a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, he requested, and his privately-retained trial counsel agreed, to take an appeal. No appeal was ever filed.

We appointed a commissioner who conducted an evidentiary hearing at which defendant-appellant Merrell and his trial counsel both testified. The trial court found that trial counsel “was not retained to pursue an appeal of the court’s denial of a motion for post-conviction relief and therefore did not file such an appeal.” That being so, the petition for belated appeal is denied. See Steele v. Kehoe, 24 Fla. L. Weekly S237, S238-39, — So.2d -, -, 1999 WL 343071 (Fla. May 27, 1999).

Petition denied.

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736 So. 2d 730, 1999 Fla. App. LEXIS 7899, 1999 WL 391886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrell-v-singletary-fladistctapp-1999.

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