Fleming v. State
| Decision Date | 16 March 2005 |
| Docket Number | No. 1D04-5565.,1D04-5565. |
| Citation | 895 So.2d 538 |
| Parties | Christian FLEMING, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Christian Fleming, pro se, petitioner.
Charlie Crist, Attorney General; Thomas D. Winokur and A. Mireille Fall, Assistant Attorneys General, Tallahassee, for respondent.
Christian Fleming seeks belated appeal from an amended sentence which was entered after he demonstrated to the trial court that he was entitled to relief under Heggs v. State, 759 So.2d 620 (Fla.2000). Petitioner has shown that he was not advised of his right to appeal at the time of resentencing, and we therefore grant the petition. Robinson v. Wainwright, 245 So.2d 867 (Fla.1971). Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the trial court to be treated as a notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). The trial court is directed to consider whether Mr. Fleming may be entitled to appointment of counsel for the appeal. King v. State, 795 So.2d 1086 (Fla. 1st DCA 2001).
PETITION GRANTED.
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State v. Fleming
...542 U.S. 296, 124 S.Ct. 2531, the First District granted Fleming a belated appeal from the 2003 resentencing order. Fleming v. State, 895 So.2d 538, 539 (Fla. 1st DCA 2005) (“Petitioner has shown that he was not advised of his right to appeal at the time of resentencing, and we therefore gr......
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Kelly v. State, 1D07-1593.
...court's failure to do so entitles Kelly to a belated appeal. See Robinson v. Wainwright, 245 So.2d 867 (Fla.1971); Fleming v. State, 895 So.2d 538 (Fla. 1st DCA 2005). Accordingly, the petition seeking a belated appeal of the judgment and sentence rendered on or about June 2, 2005, in Alach......