Kelley v. State

Full title: RUDOLPH KELLEY, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 14, 1990

557 So. 2d 694 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-0217.

March 14, 1990.

Petition for writ of habeas corpus granted delayed appellate review from the Circuit Court for Broward County; Mark A. Speiser, Judge.

Alan H. Schreiber, Public Defender, and Rita Cassady, Asst. Public Defender, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for respondent.

PER CURIAM.

We grant the Petition For Writ of Habeas Corpus and grant unto Rudolph Kelley the right to pursue a belated appeal. This is done on the grounds of ineffective assistance of counsel by reason of the fact that the appointed Public Defender through inadvertence failed to file a timely appeal as requested by Kelley. See State v. Meyer, 430 So.2d 440 (Fla. 1983).

GRANTED.

HERSEY, C.J., and DELL and WALDEN, JJ., concur.