in this court. See Fla. R.App. P. 9.100(a) and (b) (rule applies to petitions for habeas corpus; if petition seeks review of order entered by a lower tribunal parties not named as petitioner are respondents). Is the circuit court acting in its appellate capacity in denying habeas relief? Are we acting as an appellate court in considering original petitions for habeas re-lief? 3 . When the conviction was entered in 1996, the correct rule was 9.140(j)(3). In 2000 it was changed to the current version in rule 9.141. 4 . See Fla. R.Crim. P. 3.670 (upon imposition of sentence "the judge shall forthwith inform the defendant concerning the rights of appeal therefrom, including the time allowed by law for taking an appeal.” [e.s.]); see also Robinson v. Wainwright, 245 So.2d 867 (Fla.1971) (<HOLDING>); Moment v. State, 645 So.2d 502 (Fla. 4th DCA
holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal holding that failure to advise of right of appeal entitles defendant to belated appeal recognizing the right to counsel on appeal holding that identification of appellant in notice of appeal is a jurisdictional requirement and that the failure to name a party in a notice to appeal constitutes a failure of that party to appeal holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence