Gilliam v. State
| Decision Date | 30 December 1992 |
| Docket Number | No. 92-04364,92-04364 |
| Citation | 611 So.2d 90 |
| Court | Florida District Court of Appeals |
| Parties | 18 Fla. L. Weekly D234 Douglas V. GILLIAM, Appellant, v. STATE of Florida, Appellee. |
Douglas V. Gilliam appeals the denial of his motion for a belated appeal. He correctly filed the motion in the trial court under Florida Rule of Criminal Procedure 3.850, alleging ineffective assistance of counsel. State v. District Court of Appeal of Florida, First District, 569 So.2d 439 (Fla.1990). Mr. Gilliam requested this belated appeal in a form pleading that does not contain all of the information provided by the model form in Florida Rule of Criminal Procedure 3.987.
We do not know the origin of the form used by Mr. Gilliam, but it was designed for use in cases where a belated appeal is the only relief requested. The form is defective. It alleges that "the defendant at all times desired an appeal," but it does not allege that the defendant made a timely request for an appeal, which his counsel failed to honor. See Smith v. State, 592 So.2d 1208 (Fla. 2d DCA1992).
The trial court correctly denied the motion because of the defect in the form, but it did not give the defendant an opportunity to amend the language of his pleading. Under these circumstances, we affirm the trial court's order without prejudice to a timely, successive motion for belated appeal containing the necessary allegations under oath.
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Ali v. State, 94-704
...motion containing the necessary allegations under oath. Harris v. State, 596 So.2d 500 (Fla. 1st DCA 1992). See also Gilliam v. State, 611 So.2d 90 (Fla. 2d DCA 1992); Short v. State, 596 So.2d 502 (Fla. 1st DCA 1992); Hickman v. State, 581 So.2d 942 (Fla. 2d DCA ERVIN and JOANOS, JJ., conc......
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Leath v. State, 96-3908
...We disagree with the state's argument that this omission required denial of relief. The cases relied upon by the state, Gilliam v. State, 611 So.2d 90 (Fla. 2d DCA 1992) and Harris v. State, 596 So.2d 500 (Fla. 1st DCA 1992), are distinguishable because those defendants had failed to allege......
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Battles v. State, 95-3000
...affirm because the motion fails to allege that appellant timely requested his attorney to file a notice of appeal. See Gilliam v. State, 611 So.2d 90 (Fla. 2d DCA 1992); Harris v. State, 596 So.2d 500 (Fla. 1st DCA 1992). We do so without prejudice to appellant filing a sworn motion contain......
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Nieves v. State, 99-1378.
...failed to honor his request. See Fla. R.App. P. 9.140(j)(2)(F); Nazworth v. State, 715 So.2d 1061 (Fla. 5th DCA 1998); Gilliam v. State, 611 So.2d 90 (Fla. 2d DCA 1992). We deny the petition because Nieves does not allege that he advised counsel to file an appeal after sentencing. However, ......