Summary
denying petition for belated appeal where commissioner, who was appointed to make factual findings, found that petitioner did not communicate to his attorney that he wanted to file appeal
Summary of this case from Duggins v. StateOpinion
Case No. 4D02-1145
Opinion filed September 11, 2002 Rehearing Denied October 29, 2002.
Petition for belated appeal to the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; C. Pfeiffer Trowbridge, Judge; L.T. Case No. 99-2644 CF.
Joaquin Marino, Raiford, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.
After petitioner filed his petition for writ of habeas corpus for belated appeal, this Court appointed a commissioner to make factual findings regarding whether petitioner made a timely request for counsel. The commissioner found that the petitioner failed to communicate to his attorney that he desired an appeal. In light of such finding, we deny the petition.
WARNER, TAYLOR and MAY, JJ., concur.