CHRISTOPHER WELLS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2005-04-22
No. 5D05-1011
GRIFFIN, THOMPSON and MONACO, JJ., concur.
899 So. 2d 506 Florida District Court of Appeal, Fifth District (2005)


Opinion of the Court
PER CURIAM.

PER CURIAM.

Christopher Wells petitions this court for a writ of habeas corpus to file a belated motion under Florida Rule of Criminal Procedure 3.850. He alleges that after he was convicted and sentenced in 1975, he hired an attorney to timely file such a motion, but it was never filed. We deny the petition without prejudice for Wells to petition the trial court, the proper forum, for a writ of habeas corpus. See Steele v. Kehoe, 747 So. 2d 931, 934 (Fla.1999). Upon receiving the petition, the trial court shall conduct a hearing to determine whether trial counsel undertook to file a 3.850 motion, but failed to do so in a timely manner. If Wells prevails at the hearing, he may then file a belated 3.850 motion. Steele at 934.

DENIED WITHOUT PREJUDICE.

GRIFFIN, THOMPSON and MONACO, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw