Swain v. Moore

ORDER DIRECTING STATE TO RESPOND TO PETITION FOR BELATED APPEAL

Calvin D. Swain petitions this court for a belated appeal from his judgment and sentence pursuant to Florida Rule of Appellate Procedure 9.140®, contending under oath that he timely requested trial counsel to file a notice of appeal and that counsel failed to do so. We order the State to respond to this allegation.

Beginning in January 1997, the effective date of Rule 9.140® and the return of jurisdiction to district courts to consider claims of this variety, this court, when reviewing a petition for a belated appeal involving this…