ANGEL QUINONES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2004-05-07
No. 5D04-669
PLEUS and MONACO, JJ., concur.
871 So. 2d 1044 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 2 cases
Topics
Belated Appeal Motion To Withdraw Plea Writ Of Habeas Corpus Florida Rule Of Criminal Procedure 3.850

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Opinion of the Court
ORFINGER, J.

ORFINGER, J.

Angel Quinones petitions for a writ of habeas corpus authorizing a belated appeal. He contends that his counsel failed to timely file a motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(1). Quinones’s remedy, if he has one, exists in a timely motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Accordingly, we deny the petition seeking a belated appeal without prejudice to Qui-nones raising these issues in a rule 3.850 motion. See Dooley v. State, 789 So. 2d 1082 (Fla. 1st DCA 2001) (holding that defendant is not precluded from filing a rule 3.850 motion to withdraw his plea merely because he did not file a motion to withdraw pursuant to rule 3.170(1)).

PETITION FOR BELATED APPEAL DENIED.

PLEUS and MONACO, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Green v. State, 882 So. 2d 491 (Fla. 5th DCA 2004)
    …PER CURIAM. AFFIRMED without prejudice to Appellant to file a legally sufficient motion under Rule 3.800(a). See Rose v. State, 871 So. 2d 1044 (Fla. 5th DCA 2004). PETERSON, PALMER and TORPY, JJ., concur. • ■…

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