MERRELL v. SINGLETARY (1999)

District Court of Appeal of Florida,Third District.

Gary Oble MERRELL, Petitioner, v. Harry SINGLETARY, Secretary of the Florida Dept. of Corrections, Respondent.

No. 98-3321.

Decided: June 16, 1999

Before COPE, LEVY, and SORONDO, JJ.

Gary O. Merrell, in proper person. Robert A. Butterworth, Attorney General, and Simone P. Firley, Assistant Attorney General, for respondent.

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, ---So.2d ----, ----, 1999 WL 343071 (Fla. May 27, 1999).

Petition denied.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network