Weathers v. State

District Court of Appeal of Florida

Weathers v. State

864 So. 2d 1283, 2004 Fla. App. LEXIS 1157, 2004 WL 221048

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 2004

DocketNo. 1D03-3265

StatusPublished

This text of 864 So. 2d 1283 (Weathers 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.

Bluebook

Weathers v. State, 864 So. 2d 1283, 2004 Fla. App. LEXIS 1157, 2004 WL 221048 (Fla. Ct. App. 2004).

Pincite

Opinion

PER CURIAM.

Martinez Weathers seeks a belated appeal of the judgment and sentence rendered on April 8, 2003, in Escambia County Circuit Court case number 02-4063-CFA. According to Weathers, he timely requested that counsel file a notice of appeal, but counsel failed to do so. Jurisdiction was relinquished to the circuit court for the appointment of a special master to conduct an evidentiary hearing and issue a written order regarding Weathers’ entitlement to a belated appeal. The special master now has issued an order finding that Weathers filed a timely request for an appeal, in writing, with his trial counsel. The State Attorney also conceded that Weathers was entitled to a belated appeal. Accordingly, we grant the request for belated appeal. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D). If Weathers qualifies for appointed counsel, the trial [1284]*1284court shall appoint counsel to represent him on appeal.

BOOTH, KAHN and PADOVANO, JJ., concur.

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PER CURIAM.

Martinez Weathers seeks a belated appeal of the judgment and sentence rendered on April 8, 2003, in Escambia County Circuit Court case number 02-4063-CFA. According to Weathers, he timely requested that counsel file a notice of appeal, but counsel failed to do so. Jurisdiction was relinquished to the circuit court for the appointment of a special master to conduct an evidentiary hearing and issue a written order regarding Weathers’ entitlement to a belated appeal. The special master now has issued an order finding that Weathers filed a timely request for an appeal, in writing, with his trial counsel. The State Attorney also conceded that Weathers was entitled to a belated appeal. Accordingly, we grant the request for belated appeal. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D). If Weathers qualifies for appointed counsel, the trial [1284]*1284court shall appoint counsel to represent him on appeal.

BOOTH, KAHN and PADOVANO, JJ., concur.

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Bluebook (online)

864 So. 2d 1283, 2004 Fla. App. LEXIS 1157, 2004 WL 221048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weathers-v-state-fladistctapp-2004.