Florida District Courts of Appeal, 1990

Cardet v. State

Cardet v. State
Florida District Courts of Appeal · Decided June 6, 1990 · Downey, Glickstein, Hersey
561 So. 2d 480; 1990 Fla. App. LEXIS 4022; 1990 WL 73373 (Southern Reporter, Second Series)

Cardet v. State

Opinion of the Court

PER CURIAM.

We grant the petition for writ of habeas corpus.

Petitioner is entitled to a belated appeal where defense counsel failed to file timely notice of appeal, failed to have the public defender appointed to serve as appellate counsel, and did not obtain an order to withdraw as counsel. Smith v. Wainwright, 505 So.2d 39 (Fla. 4th DCA 1987) (citing State v. Meyer, 430 So.2d 440 (Fla. 1983)). Petitioner may file a Notice of Appeal within thirty days.

HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.

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