ROBERT C. RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ERVIN, Judge.
Robert C. Richardson appeals a final order summarily denying the relief he requested by motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 or, in the alternative, petition for writ of habeas corpus.
We affirm the trial court’s denial of 3.850 relief, because the two-year time limitation under that rule has long since expired, as Richardson’s judgment and sentence became final March 8, 1982.
We vacate, however, the trial court’s order with regard to Richardson’s claims of ineffective assistance of appellate counsel, because the circuit court did not have jurisdiction to rule on those issues. Knight v. State, 394 So. 2d 997 (Fla.1981); Wright v. State, 610 So. 2d 118 (Fla. 1st DCA 1992). Richardson must raise such a claim by filing a petition for writ of habeas corpus in the appellate court that heard his direct appeal, which in his case was the Florida Supreme Court. Richardson v. State, 437 So. 2d 1091 (Fla.1983).
AFFIRMED in part and VACATED in part.
JOANOS and WOLF, JJ., concur.
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State v. Dieter Riechmann, 777 So. 2d 342 (Fla. 2000)…habeas corpus. Ineffective assistance of counsel claims must be raised in the court in which the alleged ineffectiveness occurred. See Shere v. State, 742 So. 2d 215 (Fla.1999) (citing Knight v. State, 394 So. 2d 997 (Fla.1981); Richardson v. State, 624 So. 2d 804 (Fla. 1st DCA 1993); Turner v. State, 570 So. 2d 1114 (Fla. 5th DCA 1990)). Moreover, we have not recognized ineffective assistance of postconviction counsel claims. See Lambrix v. State, 698 So. 2d 247, 248 (Fla.1996) (citing Murray v. Giarratano,…
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Shere v. State, 742 So. 2d 215 (Fla. 1999)…effective assistance of counsel claims must be raised in the court in which the alleged ineffectiveness occurred, not on the appeal of the denial of Shere’s 3.850 motion. See generally Knight v. State, 394 So. 2d 997 (Fla.1981); Richardson v. State, 624 So. 2d 804 (Fla. 1st DCA 1993); Turner v. State, 570 So. 2d 1114 (Fla. 5th DCA 1990). Moreover, we have not recognized ineffective assistance of postconviction counsel claims. See Lambrix v. State, 698 So.[2d] 247, 248 (Fla.1996) (citing Murray v. Giarratano,…
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Murray v. Regier, 872 So. 2d 217 (Fla. 2002)…9.141(c)(2) requires a defendant seeking a belated appeal or alleging ineffective assistance of appellate counsel to file a petition for writ of habeas corpus in the appellate court that heard the defendant’s direct appeal. See Richardson v. State, 624 So. 2d 804 (Fla. 1st DCA 1993). There is no logical reason to require a defendant filing a petition for writ of habe-as corpus which challenges an order of confinement as illegal to be treated differ-_ entiy. Although a defendant was. required to file a writ o…
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- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Richardson v. State, 437 So. 2d 1091 (Fla. 1983)
- Findley v. State, 610 So. 2d 118 (Fla. 1st DCA 1992)