Collins v. Mitcham

Maurice J. Collins petitions this court for a writ of habeas corpus seeking a belated appeal of an order denying his motion for post-conviction relief of his conviction and sentence. He contends the trial court failed to advise him of his right to appeal when it rubber-stamped a denial in the margin of his motion. We agree and grant the petition. See, e.g., Parnell v. State, 642 So.2d 1092 (Fla. 2d DCA 1994); Scalf v. Singletary, 589 So.2d 986 (Fla. 2d DCA 1991).

In addition to failing to advise Collins of his appellate rights, the order was insufficient as a matter of law because it summarily…