Opinion
No. 98-3321.
Opinion filed June 16, 1999.
A Case of Original Jurisdiction — Habeas Corpus; L.T. No. 89-4346.
Gary O. Merrell, in proper person.
Robert A. Butterworth, Attorney General, and Simone P. Firley, Assistant Attorney General, for respondent.
Before COPE, LEVY, and SORONDO, JJ.
Gary Oble Merrell petitions for a belated appeal. He alleged that after an evidentiary hearing on a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, he requested, and his privately-retained trial counsel agreed, to take an appeal. No appeal was ever filed.
We appointed a commissioner who conducted an evidentiary hearing at which defendant-appellant Merrell and his trial counsel both testified. The trial court found that trial counsel "was not retained to pursue an appeal of the court's denial of a motion for post-conviction relief and therefore did not file such an appeal." That being so, the petition for belated appeal is denied. See Steele v. Kehoe, 24 Fla. L. Weekly S237, S238-39 (Fla. May 27, 1999).
Petition denied.