Thames v. State
| Decision Date | 13 October 1989 |
| Docket Number | No. 89-1868,89-1868 |
| Citation | 549 So.2d 1198,14 Fla. L. Weekly 2407 |
| Parties | 14 Fla. L. Weekly 2407 Ronnie Lee THAMES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
In 1985, Ronnie Lee Thames was tried and convicted of two counts of sexual battery and sentenced to a term of imprisonment. In July, 1989, Thames filed a petition for writ of habeas corpus with this court seeking a belated appeal. The petition alleged that after a motion for new trial was denied, Thames wrote to his privately-retained trial counsel, W. Paul Thompson, and advised him that he wished to undertake an appeal. Thompson then contacted Thames' brother, who had been financially responsible for the trial representation, and stated that an additional payment would have to be made. When satisfactory arrangements were not made, Thompson took no further action.
We issued an order to show cause and the state's response indicated it did not oppose the relief sought. It stated that under ordinary circumstances it would ask that jurisdiction be relinquished to the lower tribunal for an evidentiary hearing but "in view of counsel Thompson's abysmal record of ineffectiveness before this court ..., respondent agrees that the interests of justice would be best served by granting petitioner a belated appeal without requiring an evidentiary hearing." Accordingly we granted Thames a belated appeal and, in the same order, we directed W. Paul Thompson to show cause why sanctions should not be imposed against him. 1 In his response, Thompson takes the position that he fulfilled his obligations to his client by advising him and his family of the financial deposit needed to undertake the appeal or, in the alternative, offering to contact the public defender's office on Thames' behalf. We do not agree.
When a convicted criminal defendant expresses his desire to trial counsel that he wishes to take a direct appeal, counsel must file a notice of appeal. Failure to do so constitutes ineffective assistance of counsel and this applies equally to both court-appointed attorneys and those privately-retained by defendant. State v. Meyer, 430 So.2d 440 (Fla.1983); Long v. Wainwright, 474 So.2d 7 (Fla. 1st DCA 1985). It is not necessary to tender a filing fee at the time a notice of appeal is filed, Williams v. State, 324 So.2d 74 (Fla.1975), and therefore the refusal or inability of Thames or his family to advance these funds does not excuse counsel's obligation to properly invoke appellate jurisdiction. If the client cannot pay the fee, he can be certified as indigent and it will be waived, section 57.081(1), Florida Statutes. 2 I...
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Jordan v. State
...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.2d 439, 441 (Fla.1990); State v. Meyer, 430 So.2d ......
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Stephenson v. State, 93-00405
...appeal after conviction. A failure to do so, as in this case, constitutes ineffective assistance of counsel, see Thames v. State, 549 So.2d 1198 (Fla. 1st DCA 1989), and will result in an unnecessary delay of full appellate Since, however, we deem this issue to be one of great public import......
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Short v. State, 91-2463
...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,......
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Viqueira v. Roth, 91-2698
...in a criminal case. See Fla.R.App.P. 9.140(b)(3)(A); Turner v. State, 588 So.2d 1042, 1044 (Fla. 5th DCA 1991); Thames v. State, 549 So.2d 1198 (Fla. 1st DCA 1989); see also Sec. 27.51(4), Fla.Stat. (1989) (public defender cases). Although the procedure has changed as a result of State v. D......