POTTS v. WAINWRIGHT

No. 82-211.

413 So.2d 156 (1982)

Willie POTTS, Jr., Petitioner, v. Louie WAINWRIGHT, Secretary, Department of Corrections, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 16, 1982.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Andrea T. Mohel, Asst. Atty. Gen., West Palm Beach, for respondent.


ON MOTION FOR REHEARING

LETTS, Chief Judge.

Defendant's trial counsel, an assistant public defender in the Fifteenth Judicial Circuit, failed to file a timely notice of appeal because she filed a motion to mitigate the defendant's sentence pursuant to Rule 3.800(b), Fla.R.Crim.P., and labored under the impression that such a motion tolled the 30-day period for filing a notice of appeal. See Rules 9.140(b)(2) and 9.020(g), Fla.R.App.P; Strucki v...

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