Hubbard v. State

I respectfully dissent. This case is distinguishable on its facts from Joseph v. State, 451 So.2d 886 (Fla. 5th DCA 1984). In Joseph, the basis of the trial counsel’s failure to file a notice of appeal was his mistaken belief that a Florida Rule of Criminal Procedure 3.800 motion tolled the time for filing a notice of appeal. The intent to timely file was obviously present and triggered by, presumably, the defendant’s request. This court remanded the cause for an evidentiary hearing to determine, inter alia, whether the defendant’s request was timely made. In contrast, here, the astute trial…