Reese v. State

Troy Reese seeks a belated appeal from his strong arm robbery conviction. In his sworn petition, Reese alleged that he instructed his attorney to file an appeal after the jury returned a guilty verdict and again after he was sentenced. The state responded that it had contacted Reese’s trial attorney, who reported that while he had no specific recollection of any such conversation, his failure to file a notice of appeal in this case “must have been a mistake.” The state urges that a commissioner should be appointed to make findings of fact.

Florida Rule of Appellate Procedure 9.140(i) governs…