Johnson v. State
Johnson v. State
Opinion of the Court
Daniel Johnson (Appellant) appeals the trial court’s order denying his “Petition for Writ of Habeas Corpus Seeking Leave to File Belated 3.850.” Appellant alleges appointed trial counsel told him he would file direct and collateral appeals, Appellant relied on that representation and did not file his appeals pro se, and counsel failed to timely file the appeals. Appellant sought relief in the trial court pursuant to Steele v. Kehoe, 747 So.2d 931 (Fla. 1999). The trial court properly denied Appellant’s claim, because entitlement to relief under Steele requires Appellant to prove privately retained counsel agreed to file an appeal but failed to do so. Medrano v. State, 748 So.2d 986 (Fla. 1999). However, Appellant’s allegations state a
AFFIRMED and REMANDED with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.