Watkins v. Wainwright

District Court of Appeal of Florida

Watkins v. Wainwright

351 So. 2d 753, 1977 Fla. App. LEXIS 17012

CourtDistrict Court of Appeal of Florida

DecidedNovember 9, 1977

DocketNo. HH-477

StatusPublished

This text of 351 So. 2d 753 (Watkins v. Wainwright) 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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Watkins v. Wainwright, 351 So. 2d 753, 1977 Fla. App. LEXIS 17012 (Fla. Ct. App. 1977).

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Opinion

SMITH, Judge.

This petition and attached exhibits demonstrate that petitioner inadvertently was denied an opportunity to request the circuit court to find him indigent for purposes of appeal and appoint the public defender to represent him on appeal with the result that no notice of appeal was timely filed. Petitioner is thus entitled to a belated appeal under the principles of Hollingshead v. Wainwright, 194 So.2d 577 (Fla.1967), cert. den., 391 U.S. 968, 88 S.Ct. 2040, 20 L.Ed.2d 882 (1968) and Baggett v. Wainwright, 229 So.2d 239 (Fla.1969). The petition is GRANTED. The circuit court of Alachua County will determine whether petitioner is indigent and, if so, will appoint counsel to represent petitioner on appeal to this court.

MILLS, Acting C. J., and ERVIN, J., concur.

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SMITH, Judge.

This petition and attached exhibits demonstrate that petitioner inadvertently was denied an opportunity to request the circuit court to find him indigent for purposes of appeal and appoint the public defender to represent him on appeal with the result that no notice of appeal was timely filed. Petitioner is thus entitled to a belated appeal under the principles of Hollingshead v. Wainwright, 194 So.2d 577 (Fla.1967), cert. den., 391 U.S. 968, 88 S.Ct. 2040, 20 L.Ed.2d 882 (1968) and Baggett v. Wainwright, 229 So.2d 239 (Fla.1969). The petition is GRANTED. The circuit court of Alachua County will determine whether petitioner is indigent and, if so, will appoint counsel to represent petitioner on appeal to this court.

MILLS, Acting C. J., and ERVIN, J., concur.

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Bluebook (online)

351 So. 2d 753, 1977 Fla. App. LEXIS 17012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-wainwright-fladistctapp-1977.

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