Florida District Courts of Appeal, 2004

Walker v. State

Florida District Courts of Appeal · Decided May 5, 2004 · Fletcher, Shepherd, Wells

871 So. 2d 1034; 2004 Fla. App. LEXIS 6245 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Walker v. State (Fla. Dist. Ct. App. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Duane Isaac Walker contends that the trial court erred by denying him a “Steele ”1 hearing.2 However a Steele hearing is not required as the trial court considered Walker’s belated motion for post-conviction relief and denied it on the merits3 as well as on procedural grounds.

Affirmed.

. Steele v. Kehoe, 747 So.2d 931 (Fla. 1999)(holding that a prisoner is entitled to a hearing on a claim that he or she missed the deadline to file a Rule 3.850 motion because his or her attorney had agreed to file the motion but failed to do so in a timely manner; if the prisoner prevails at the hearing he or she is authorized to file belatedly a Rule 3.850 motion).

. In Steele, at 934-35, the court directly amended Rule 3.850(b) to provide for a belated appeal in situations such as Steele’s. See Rule 3.850(b)(3)[2004],

. Holding that Walker's claim was refuted by the plea colloquy.

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