SC05-1933 – Marcus Johnson v. State Of Florida

State: Florida

Docket No: SC05-1933

Case Date: 04/19/2007

Preview:Supreme Court of Florida
____________ No. SC05-1933 ____________ MARCUS JOHNSON, Petitioner, vs. STATE OF FLORIDA, Respondent. ____________ No. SC05-1976 ____________ TOMMY L. WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent. [April 26, 2007] QUINCE, J. These cases are before the Court for review of the decision of the Second District Court of Appeal in Harris v. State, 911 So. 2d 221 (Fla. 2nd DCA 2005).

In its decision the district court ruled upon the following questions, which the court has certified to be of great public importance: I. ARE TRIAL COURTS REQUIRED TO NOTIFY DEFENDANTS OF THE TIME LIMIT FOR AN APPEAL OF A FINAL ORDER RESOLVING A MOTION UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(a), EVEN THOUGH THE RULE DOES NOT EXPRESSLY CONTAIN THIS REQUIREMENT? II. IF A TRIAL COURT DOES NOT NOTIFY A DEFENDANT OF THE TIME LIMIT FOR SUCH AN APPEAL, DOES FLORIDA RULE OF APPELLATE PROCEDURE 9.141(c)(4) ENTITLE THE DEFENDANT TO SEEK A BELATED APPEAL?

Id. at 226. We have jurisdiction. See art. V,

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