Baker v. State, K-314
| Citation | 224 So.2d 331 |
| Decision Date | 19 June 1969 |
| Docket Number | No. K-314,K-314 |
| Parties | Willie BAKER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Willie Baker, in pro. per.
Earl Faircloth, Atty. Gen., and James McGuirk, Asst. Atty. Gen., for appellee.
By the instant petition for writ of habeas corpus and motion for appointment of attorney, Willie Baker seeks a direct appeal from his judgment of conviction of murder in the second degree rendered on January 12, 1968. The record presented to this Court and the return to its order to show cause filed by the Attorney General reflect without contradiction that petitioner was not apprised by the trial judge of his right to appeal pursuant to the provisions of Rule 1.670, Florida Rules of Criminal Procedure, 33 F.S.A.
In addition, petitioner alleges that there exists arguable reversible error committed at his trial. We held in Robertson v. State, Fla.App., 219 So.2d 456, that such error is required to be alleged as a prerequisite to the granting of the relief requested. While we do not now hold that error in fact was committed during petitioner's trial, we are of the view that petitioner should be afforded counsel to represent him during a full appellate review of the trial proceedings pursuant to the precedent established in Hollingshead v. Wainwright, 194 So.2d 577 (Fla.1967).
Accordingly, this cause is remanded to the trial court with directions to appoint counsel for the petitioner to represent him in a full appellate review in the manner provided by the Hollingshead case, supra.
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Perez v. Wainwright, 76-2219-CIV-SMA.
...the effect of noncompliance with this rule, see Nichols v. Wainwright, 243 So.2d 430 (Fla.App.2d 1971); compare with Baker v. State, 224 So.2d 331 (Fla.App.3d Dist. 1969). The Supreme Court of Florida has not taken a stand on the substantive effect of a literal noncompliance with 3.670 Robi......
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Davis v. State
...determination of the voluntariness of the plea, to nevertheless inform Buster that he had a right to appeal. See, Baker v. State, 224 So.2d 331 (1st D.C.A.Fla.1969). Baggett v. Wainwright, Supra, does violence to the rule, requiring a 'notice of appeal' to be filed within 30 days, but that ......
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Nichols v. Wainwright, 71--22
...9 L.Ed.2d 811.3 Accord, Jones v. Wainwright, Fla.App., 241 So.2d 860, Opinion filed December 11, 1970.4 33 F.S.A.5 See, Baker v. State, (Fla.App.1969), 224 So.2d 331.6 Rule 1.670, CrPR, 33 F.S.A., at p. 401.7 We note that in response to a Rule Nisi, the state may frequently negate such alle......
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Turner v. State, 98-3613.
...second theory, that the trial court failed to inform him of his right to appeal, would also entitle him to relief. Baker v. State, 224 So.2d 331 (Fla. 1st DCA 1969). Since this claim was never cognizable through a Rule 3.850 motion, Scalf v. Singletary, 589 So.2d 986 (Fla. 2d DCA 1991), the......