Mims v. State

District Court of Appeal of Florida

Mims v. State

742 So. 2d 516, 1999 Fla. App. LEXIS 13670, 1999 WL 821273

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 1999

DocketNo. 99-52

StatusPublished

This text of 742 So. 2d 516 (Mims 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.

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Mims v. State, 742 So. 2d 516, 1999 Fla. App. LEXIS 13670, 1999 WL 821273 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Tony Mims petitioned this court for a belated appeal, asserting under oath that he timely asked his trial counsel to file a notice of appeal and that request was not honored. In accordance with Schubert v. State, 737 So.2d 1102 Fla. 1st DCA 1998), the State obtained a sworn statement from counsel that Mims did not ask him to appeal. This court relinquished jurisdiction with instructions that án evidentiary hearing be conducted and the master resolved the factual dispute against the petitioner. Accordingly, the petition for belated appeal is denied. Further, we grant the State’s motion for sanctions and certify that petitioner either' knowingly or with reckless disregard for the truth brought false information before this court. § 944.28(2)(a), Fla. Stat. (1997); Saucer v. State, 736 So.2d 10, 24 Fla. L. Weekly D37 (Fla. 1st DCA 1998).

ERVIN, MINER and KAHN, JJ., concur.

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PER CURIAM.

Tony Mims petitioned this court for a belated appeal, asserting under oath that he timely asked his trial counsel to file a notice of appeal and that request was not honored. In accordance with Schubert v. State, 737 So.2d 1102 Fla. 1st DCA 1998), the State obtained a sworn statement from counsel that Mims did not ask him to appeal. This court relinquished jurisdiction with instructions that án evidentiary hearing be conducted and the master resolved the factual dispute against the petitioner. Accordingly, the petition for belated appeal is denied. Further, we grant the State’s motion for sanctions and certify that petitioner either' knowingly or with reckless disregard for the truth brought false information before this court. § 944.28(2)(a), Fla. Stat. (1997); Saucer v. State, 736 So.2d 10, 24 Fla. L. Weekly D37 (Fla. 1st DCA 1998).

ERVIN, MINER and KAHN, JJ., concur.

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742 So. 2d 516, 1999 Fla. App. LEXIS 13670, 1999 WL 821273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mims-v-state-fladistctapp-1999.

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