Robinson v. Wainwright, 40734
| Decision Date | 24 March 1971 |
| Docket Number | No. 40734,40734 |
| Citation | 245 So.2d 867 |
| Parties | Dennis ROBINSON, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Department of Health and Rehabilitative Services, Respondent. |
| Court | Florida Supreme Court |
Dennis Robinson, in pro. per.
Robert L. Shevin, Atty. Gen., and P. A. Pacyna, Asst. Atty. Gen., for respondent.
On February 5, 1971, petitioner filed a petition for habeas corpus in this Court alleging, among other things, that his right of direct appeal had been thwarted by state action, and seeking, under Baggett v. Wainwright, 229 So.2d 239 (Fla.1969), delayed appellate review.
Specifically, petitioner alleged, 'that he was not advised by the Court of his right to appeal the judgment and sentence, and further alleges that it's a judge's duty to inform defendant.' Petitioner further alleged that he was not advised of his right to appeal the denials of his two Criminal Rule 1.850, 33 F.S.A. petitions, but stated with regard to the second denial, entered some six months after entry of judgment and sentence, 'However, by this time, Petitioner, after reading in the Prison Law Library was aware that this was one of his rights (to appeal a denial).' The inference is that petitioner did not discover the existence of this state's appellate machinery until well beyond the time permitted for direct appeal.
In the State's return, wherein this matter was touched upon only by way of a general denial, the transcript of the proceedings revealed without contradiction that at no time was petitioner informed by the trial court that he had a right to appeal the judgment and sentence entered against him.
Clearly, petitioner is correct in his assertion that a judge has a duty in Florida to advise a defendant of his right to appeal a judgment and sentence. This duty is set out explicitly in Criminal Rule 1.670. However, it is unnecessary at this juncture to determine whether this duty gives rise to an absolute right to such advice (as Baker v. State, 224 So.2d 331 (Fla.App.1st 1969) implies) or whether lack of knowledge of our appellate processes must be shown to entitle a defendant to relief (as the Second District Court held in Nichols v. Wainwright, 243 So.2d 430 (Fla.App.2nd 1971)). Under the facts before us, it would appear that petitioner has made out a prima facie case for relief under either theory.
Therefore, in accord with the policy we announced in Baggett v. Wainwright, Supra, we hereby...
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...When viewed in that light, he has established a prima facie case for a belated appeal under rule 9.141(c)(4)(A)(ii). See Robinson v. Wainwright, 245 So.2d 867 (Fla.1971). The issue is whether the evidence as resolved in favor of the City establishes as a matter of law that petitioner's requ......
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Fleming v. State
...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 trea......
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Kelly v. State, 1D07-1593.
...to advise Kelly concerning those rights. The trial 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 Accordingly, the petition seeking a belated appeal of the judgment and sentence......