Joseph v. State

Joseph’s original petition for habeas corpus to obtain belated appeal of his criminal conviction did not allege that his private attorney had, within the time allotted for appeal, agreed to appeal and failed to do so. See the dissent in Joseph v. State, 451 So.2d 886 (Fla. 5th DCA 1984). When this *59case was referred by this court to a commissioner, the commissioner found as a fact that Joseph requested his private counsel to file a post conviction petition under Rule 3.800(b) for a reduction or mitigation of his sentence and expressly found that “the evidence produced before this commissioner…