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LARRY PRICE, Petitioner, v. STATE OF FLORIDA, Respondent. Case No. 5D10-2547

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LARRY PRICE, Petitioner, v.STATE OF FLORIDA, Respondent. Case No. 5D10-2547 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFIFTH DISTRICT JULY TERM 2010Opinion filed October 8, 2010 Petition for Belated Appeal, A Case of Original Jurisdiction. Larry Price, Raiford, pro se. Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent. TORPY, J. Petitioner seeks a belated appeal based upon ineffective assistance of trial counsel. He alleges that his counsel gave him incorrect legal advice regarding the purported risk of an appeal, causing him to waive his right to appeal. We grant the petition. Petitioner alleges that, although charged and tried on more serious felony offenses, he was only convicted of a third-degree felony, a lesser-included offense of one of the charged offenses...continue to full post

Full post as published by Florida Criminal Law Opinions on October 08, 2010 (boomark / email).