Chappell v. State

Efrim Chappell, seeking a belated appeal, petitions this court for a writ of habeas corpus. He claims that his trial counsel failed to file a notice of appeal even though he had requested one. His trial counsel claims that no such request was ever made.

Both the public defender and the attorney general agree that this court should appoint a commissioner to resolve the factual dispute in the instant case. We reach the same conclusion, as the Committee Note (1996 Amendment) to Florida Rule of Appellate Procedure 9.140(j) calls for that procedure under the instant circumstances.

Accordingly, we…