Hammond v. State, No. 97-1171

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation706 So.2d 73
Parties23 Fla. L. Weekly D548 Randell W. HAMMOND, Appellant, v. STATE of Florida, Appellee.
Decision Date17 February 1998
Docket NumberNo. 97-1171

Page 73

706 So.2d 73
23 Fla. L. Weekly D548
Randell W. HAMMOND, Appellant,
v.
STATE of Florida, Appellee.
No. 97-1171.
District Court of Appeal of Florida,
First District.
Feb. 17, 1998.

An appeal from the Circuit Court of Santa Rosa County; Judge Kenneth B. Bell.

Page 74

Randell W. Hammond, Appellant, pro se.

No appearance for Appellee.

PER CURIAM.

The defendant, Randell W. Hammond, appeals the denial of his motion for postconviction relief pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. He claims in his sworn motion that he received ineffective assistance of counsel because his attorney failed to honor his timely request to file a notice of appeal. The trial court summarily denied the motion, concluding that the defendant had forfeited his right to appeal by pleading nolo contendere without reservation. We treated the defendant's facially sufficient motion as a petition under rule 9.140(j) of the Florida Rules of Appellate Procedure and issued an order to show cause why the requested relief should not be granted. The state filed a response to our order but has not offered any evidence to refute the defendant's sworn allegation that he timely asked his attorney to file an appeal on his behalf.

We conclude that the trial court's reasons for denying the defendant's motion were insufficient, see Trowell v. State, 706 So.2d 332 (Fla. 1st DCA 1998), and that the defendant has a right to a belated appeal. Accordingly, we grant the petition and remand the case to the trial court. Within thirty days of the mandate, trial counsel shall file a notice of appeal as required by rule 9.140(b)(5). If the defendant qualifies for appointed counsel, the trial court shall appoint counsel for the defendant on appeal.

WEBSTER, MICKLE and PADOVANO, JJ., concur.

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7 practice notes
  • State v. EDP, No. 92345.
    • United States
    • United States State Supreme Court of Florida
    • October 8, 1998
    ...39.052(4)(e)3. "does not apply where the change is from community control to commitment." J.P.C., 712 So.2d at 1231; see also L.R.J., 706 So.2d at 73. At issue in most, if not all, of these cases is whether "community control" is a specific restrictiveness level from which the trial court m......
  • Wiggins v. State, No. 99-2210.
    • United States
    • Court of Appeal of Florida (US)
    • December 8, 1999
    ...a colorable claim of ineffective assistance of counsel. Schubert v. State, 737 So.2d 1102 (Fla. 1st DCA 1998); Hammond v. State, 706 So.2d 73 (Fla. 1st DCA 1998); Dubois; Hudson v. State, 596 So.2d 1213 (Fla. 1st DCA 1992). Nevertheless, the trial court properly concluded that it lacked jur......
  • Wessells v. State, No. 97-2989.
    • United States
    • Court of Appeal of Florida (US)
    • June 15, 1998
    ...belated appeal in evidentiary proceedings. Id. We explained in Dubois v. State, 705 So.2d 713 (Fla 1st DCA 1998), and Hammond v. State, 706 So.2d 73 (Fla. 1st DCA 1998), that the state must allege a good faith basis for disputing the factual allegations in the petition for belated appeal be......
  • Schubert v. State, No. 97-3964.
    • United States
    • Court of Appeal of Florida (US)
    • June 3, 1998
    ...of disputed facts, it is unnecessary for this court to appoint a commissioner to make a report and recommendation. See Hammond v. State, 706 So.2d 73 (Fla. 1st DCA 1998); Dubois v. State, 705 So.2d 713 (Fla. 1st DCA 1998).737 So.2d 1103 Florida Rule of Appellate Procedure 9.140(j), created ......
  • Request a trial to view additional results
7 cases
  • State v. EDP, No. 92345.
    • United States
    • United States State Supreme Court of Florida
    • October 8, 1998
    ...39.052(4)(e)3. "does not apply where the change is from community control to commitment." J.P.C., 712 So.2d at 1231; see also L.R.J., 706 So.2d at 73. At issue in most, if not all, of these cases is whether "community control" is a specific restrictiveness level from which the trial court m......
  • Wiggins v. State, No. 99-2210.
    • United States
    • Court of Appeal of Florida (US)
    • December 8, 1999
    ...a colorable claim of ineffective assistance of counsel. Schubert v. State, 737 So.2d 1102 (Fla. 1st DCA 1998); Hammond v. State, 706 So.2d 73 (Fla. 1st DCA 1998); Dubois; Hudson v. State, 596 So.2d 1213 (Fla. 1st DCA 1992). Nevertheless, the trial court properly concluded that it lacked jur......
  • Wessells v. State, No. 97-2989.
    • United States
    • Court of Appeal of Florida (US)
    • June 15, 1998
    ...belated appeal in evidentiary proceedings. Id. We explained in Dubois v. State, 705 So.2d 713 (Fla 1st DCA 1998), and Hammond v. State, 706 So.2d 73 (Fla. 1st DCA 1998), that the state must allege a good faith basis for disputing the factual allegations in the petition for belated appeal be......
  • Schubert v. State, No. 97-3964.
    • United States
    • Court of Appeal of Florida (US)
    • June 3, 1998
    ...of disputed facts, it is unnecessary for this court to appoint a commissioner to make a report and recommendation. See Hammond v. State, 706 So.2d 73 (Fla. 1st DCA 1998); Dubois v. State, 705 So.2d 713 (Fla. 1st DCA 1998).737 So.2d 1103 Florida Rule of Appellate Procedure 9.140(j), created ......
  • Request a trial to view additional results

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