Baxter v. Letts, No. 78294

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; SHAW
Citation592 So.2d 1089
Parties17 Fla. L. Weekly S98 Joseph BAXTER, Petitioner, v. Gavin K. LETTS, etc., et al., Respondents.
Decision Date06 February 1992
Docket NumberNo. 78294

Page 1089

592 So.2d 1089
17 Fla. L. Weekly S98
Joseph BAXTER, Petitioner,
v.
Gavin K. LETTS, etc., et al., Respondents.
No. 78294.
Supreme Court of Florida.
Feb. 6, 1992.

Richard L. Jorandby, Public Defender and Margaret Good, Asst. Public Defender, Chief, Appellate Div., West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for respondents.

PER CURIAM.

Petitioner, Joseph Baxter, seeks relief by either a writ of mandamus or habeas

Page 1090

corpus. We treat the petition as a petition for habeas corpus and have jurisdiction pursuant to article V, section 3(b)(9), of the Florida Constitution. Baxter seeks relief from the Fourth District Court of Appeal's decision in State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991), in which the district court reversed his downward-departure sentence in an appeal by the State. The district court's decision resulted in an increase of three years' incarceration for Baxter. Baxter seeks habeas corpus relief on the grounds that he was not represented in the State's appeal to the Fourth District, that he was indigent, that he was incarcerated, and that he was without actual notice of the State's appeal. The notice of appeal was sent to Baxter's trial counsel, who did not represent him in the appeal.

Baxter has a constitutional right to counsel in the State's appeal to the district court. Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963); Hooks v. State, 253 So.2d 424 (Fla.1971), cert. denied, 405 U.S. 1044, 92 S.Ct. 1330, 31 L.Ed.2d 587 (1972); McDaniel v. State, 219 So.2d 421 (Fla.1969). Accordingly, we vacate the district court's decision, and direct that the district court proceed anew with the State's appeal once Baxter is properly represented by counsel.

It is so ordered.

SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.

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5 practice notes
  • Scates v. State, No. 78533
    • United States
    • United States State Supreme Court of Florida
    • July 23, 1992
    ...v. Lane, 582 So.2d 77 (Fla. 4th DCA1991); State v. Baxter, 581 So.2d 937 (Fla. 4th DCA1991), vacated on other grounds, Baxter v. Letts, 592 So.2d 1089 (Fla.1992); State v. Liataud, 587 So.2d 1155 (Fla. 4th DCA1991), review granted, 593 So.2d 1052 Section 893.13(1)(e)(1) provides that indivi......
  • State v. Manning, No. 91-0939
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 1992
    ...Florida Statutes (1991). See State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991), vacated on other grounds, Baxter v. Letts, 592 So.2d 1089 (Fla.1992). See also State v. Liataud, 587 So.2d 1155 (Fla. 4th DCA 1991), juris. accepted, No. 78,626, 593 So.2d 1052 (Fla. Feb. 12, 1991); State v. Ba......
  • State v. Brown, No. 91-2383
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 1992
    ...582 So.2d 77 (Fla. 4th DCA 1991); State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991), vacated on other grounds sub nom. Baxter v. Letts, 592 So.2d 1089 (Fla.1992); State v. Padron, 580 So.2d 903 (Fla. 3d DCA 1991). For this reason, we reverse the trial court's suspension of sentence, and re......
  • Doyle v. Fogan, No. 93-2745
    • United States
    • Court of Appeal of Florida (US)
    • January 12, 1994
    ...Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for respondent. PER CURIAM. On the authority of Baxter v. Letts, 592 So.2d 1089 (Fla.1992), we grant the petition for writ of habeas corpus and hereby withdraw and vacate our opinion in State v. Doyle, 615 So.2d 871 (Fla. 4......
  • Request a trial to view additional results
5 cases
  • Scates v. State, No. 78533
    • United States
    • United States State Supreme Court of Florida
    • July 23, 1992
    ...v. Lane, 582 So.2d 77 (Fla. 4th DCA1991); State v. Baxter, 581 So.2d 937 (Fla. 4th DCA1991), vacated on other grounds, Baxter v. Letts, 592 So.2d 1089 (Fla.1992); State v. Liataud, 587 So.2d 1155 (Fla. 4th DCA1991), review granted, 593 So.2d 1052 Section 893.13(1)(e)(1) provides that indivi......
  • State v. Manning, No. 91-0939
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 1992
    ...Florida Statutes (1991). See State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991), vacated on other grounds, Baxter v. Letts, 592 So.2d 1089 (Fla.1992). See also State v. Liataud, 587 So.2d 1155 (Fla. 4th DCA 1991), juris. accepted, No. 78,626, 593 So.2d 1052 (Fla. Feb. 12, 1991); State v. Ba......
  • State v. Brown, No. 91-2383
    • United States
    • Court of Appeal of Florida (US)
    • June 9, 1992
    ...582 So.2d 77 (Fla. 4th DCA 1991); State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991), vacated on other grounds sub nom. Baxter v. Letts, 592 So.2d 1089 (Fla.1992); State v. Padron, 580 So.2d 903 (Fla. 3d DCA 1991). For this reason, we reverse the trial court's suspension of sentence, and re......
  • Doyle v. Fogan, No. 93-2745
    • United States
    • Court of Appeal of Florida (US)
    • January 12, 1994
    ...Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for respondent. PER CURIAM. On the authority of Baxter v. Letts, 592 So.2d 1089 (Fla.1992), we grant the petition for writ of habeas corpus and hereby withdraw and vacate our opinion in State v. Doyle, 615 So.2d 871 (Fla. 4......
  • Request a trial to view additional results

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