Short v. State, No. 91-2463

CourtCourt of Appeal of Florida (US)
Writing for the CourtJOANOS
Citation596 So.2d 502
Parties17 Fla. L. Weekly D832 Charles Franklin SHORT, Appellant, v. STATE of Florida, Appellee.
Decision Date27 March 1992
Docket NumberNo. 91-2463

Page 502

596 So.2d 502
17 Fla. L. Weekly D832
Charles Franklin SHORT, Appellant,
v.
STATE of Florida, Appellee.
No. 91-2463.
District Court of Appeal of Florida,
First District.
March 27, 1992.

Charles Franklin Short, pro se.

No appearance for appellee.

JOANOS, Chief Judge.

Appellant Charles Franklin Short appeals the denial of his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. As the basis for relief, the motion asserted that appellant's trial counsel was ineffective for failing to file a timely notice of appeal, although advised by appellant that he wished to appeal his conviction. The trial court's order indicates that relief was denied, because appellant failed to show that any reversible error occurred at trial. We reverse.

Where trial counsel has been apprised that his client wishes to appeal his

Page 503

conviction, counsel's failure to file a timely notice of appeal constitutes ineffective assistance of counsel, "and this applies equally to both court-appointed attorneys and those privately-retained by defendant." Thames v. State, 549 So.2d 1198, 1199 (Fla. 1st DCA 1989), citing State v. Meyer, 430 So.2d 440 (Fla.1983); Long v. Wainwright, 474 So.2d 7 (Fla. 1st DCA 1985), review denied, 482 So.2d 350 (Fla.1986). Accord Dortch v. State, 588 So.2d 342 (Fla. 4th DCA 1991); Turner v. State, 588 So.2d 1042 (Fla. 5th DCA 1991). Therefore, if trial counsel fails to file a timely notice of direct appeal when requested to do so, the defendant is entitled to an order under rule 3.850 granting a belated appeal. Viqueira v. Roth, 591 So.2d 1147 (Fla. 3d DCA 1992). In addition, "entitlement to a belated direct appeal is not dependent on any preliminary showing on the merits." Viqueira, 591 So.2d 1147, citing Baggett v. Wainwright, 229 So.2d 239, 243 (Fla.1969).

Application of these principles to the instant case demonstrates that appellant alleged facts sufficient to show entitlement to relief on the question of ineffective assistance of trial counsel. That is, appellant alleged that his trial counsel failed to file a timely notice of appeal, although advised by appellant that he wished to appeal his convictions. Moreover, contrary to the trial court's finding, appellant was not required to make a showing of reversible error at trial as a preliminary to entitlement to post-conviction relief.

Accordingly, the order denying relief is reversed, and this cause is remanded for a determination...

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9 practice notes
  • Trowell v. State, No. 95-3082
    • United States
    • Court of Appeal of Florida (US)
    • January 20, 1998
    ...1st DCA 1994); Clayton v. State, 635 So.2d 48 (Fla. 1st DCA 1994); Hudson v. State, 596 So.2d 1213 (Fla. 1st DCA 1992); Short v. State, 596 So.2d 502 (Fla. 1st DCA 1992); Courson v. State, 652 So.2d 512 (Fla. 5th DCA 1995); Gunn v. State, 612 So.2d 643 (Fla. 4th DCA 1993), on remand, 643 So......
  • Jordan v. State, No. 97-2002
    • United States
    • Court of Appeal of Florida (US)
    • September 16, 1998
    ...of trial counsel to file a timely notice of appeal in order to preserve the defendant's appellate rights. See Short v. State, 596 So.2d 502, 503 (Fla. 1st DCA 1992); Thames v. State, 549 So.2d 1198, 1199 (Fla. 1st DCA 1989), see also State v. District Court of Appeal, First District, 569 So......
  • Stephenson v. State, No. 93-00405
    • United States
    • Florida District Court of Appeals
    • July 20, 1994
    ...him a belated appeal, regardless of the merits of the appeal. Iglesias v. State, 598 So.2d 210 (Fla. 2d DCA 1992). Accord Short v. State, 596 So.2d 502 (Fla. 1st DCA 1992). We also direct the trial court to re-appoint Stephenson's appellate counsel in this case to represent Stephenson on hi......
  • Ali v. State, No. 94-704
    • United States
    • Court of Appeal of Florida (US)
    • October 17, 1994
    ...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., concur. ...
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9 cases
  • Trowell v. State, No. 95-3082
    • United States
    • Court of Appeal of Florida (US)
    • January 20, 1998
    ...1st DCA 1994); Clayton v. State, 635 So.2d 48 (Fla. 1st DCA 1994); Hudson v. State, 596 So.2d 1213 (Fla. 1st DCA 1992); Short v. State, 596 So.2d 502 (Fla. 1st DCA 1992); Courson v. State, 652 So.2d 512 (Fla. 5th DCA 1995); Gunn v. State, 612 So.2d 643 (Fla. 4th DCA 1993), on remand, 643 So......
  • Jordan v. State, No. 97-2002
    • United States
    • Court of Appeal of Florida (US)
    • September 16, 1998
    ...of trial counsel to file a timely notice of appeal in order to preserve the defendant's appellate rights. See Short v. State, 596 So.2d 502, 503 (Fla. 1st DCA 1992); Thames v. State, 549 So.2d 1198, 1199 (Fla. 1st DCA 1989), see also State v. District Court of Appeal, First District, 569 So......
  • Stephenson v. State, No. 93-00405
    • United States
    • Florida District Court of Appeals
    • July 20, 1994
    ...him a belated appeal, regardless of the merits of the appeal. Iglesias v. State, 598 So.2d 210 (Fla. 2d DCA 1992). Accord Short v. State, 596 So.2d 502 (Fla. 1st DCA 1992). We also direct the trial court to re-appoint Stephenson's appellate counsel in this case to represent Stephenson on hi......
  • Ali v. State, No. 94-704
    • United States
    • Court of Appeal of Florida (US)
    • October 17, 1994
    ...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., concur. ...
  • Request a trial to view additional results

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