Sword v. State

District Court of Appeal of Florida

Sword v. State

745 So. 2d 537, 1999 Fla. App. LEXIS 16476, 1999 WL 1112853

CourtDistrict Court of Appeal of Florida

DecidedDecember 8, 1999

DocketNo. 98-2586

StatusPublished

Cited by1 cases

This text of 745 So. 2d 537 (Sword 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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Sword v. State, 745 So. 2d 537, 1999 Fla. App. LEXIS 16476, 1999 WL 1112853 (Fla. Ct. App. 1999).

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PER CURIAM.

Contending that his trial counsel failed to honor his request to initiate an appeal, David Sword petitions this court for a belated appeal. Upon the state’s showing that Sword’s trial counsel denied that any request for an appeal was made, jurisdiction was relinquished to the circuit court with instructions to appoint a special master to conduct an evidentiary hearing. The special master concludes in his thorough and well-reasoned report that Sword did not request the taking of an appeal, and that he therefore has no legal entitlement to a belated appeal. Consistent with this recommendation, we deny the petition for writ of habeas corpus seeking belated appeal.

Relying on the special master’s findings and recommendations, the state has filed a motion regarding sanctions pursuant to section 944.28(2)(a), Florida Statutes (1999). However, the special master’s resolution of credibility questions adversely to petitioner is not sufficient to show that petitioner either knowingly or recklessly brought false information before the court. Accordingly, the state’s motion is denied.

WEBSTER and PADOVANO, JJ., CONCUR; JOANOS, J., CONCURS IN PART AND DISSENTS IN PART WITH WRITTEN OPINION.

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PER CURIAM.

Contending that his trial counsel failed to honor his request to initiate an appeal, David Sword petitions this court for a belated appeal. Upon the state’s showing that Sword’s trial counsel denied that any request for an appeal was made, jurisdiction was relinquished to the circuit court with instructions to appoint a special master to conduct an evidentiary hearing. The special master concludes in his thorough and well-reasoned report that Sword did not request the taking of an appeal, and that he therefore has no legal entitlement to a belated appeal. Consistent with this recommendation, we deny the petition for writ of habeas corpus seeking belated appeal.

Relying on the special master’s findings and recommendations, the state has filed a motion regarding sanctions pursuant to section 944.28(2)(a), Florida Statutes (1999). However, the special master’s resolution of credibility questions adversely to petitioner is not sufficient to show that petitioner either knowingly or recklessly brought false information before the court. Accordingly, the state’s motion is denied.

WEBSTER and PADOVANO, JJ., CONCUR; JOANOS, J., CONCURS IN PART AND DISSENTS IN PART WITH WRITTEN OPINION.

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745 So. 2d 537, 1999 Fla. App. LEXIS 16476, 1999 WL 1112853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sword-v-state-fladistctapp-1999.

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