PAUL L. BATTLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks review of an order summarily denying his motion for postconviction relief, in which he sought a belated appeal based upon ineffective assistance of counsel in that he “at all times desired to appeal the judgment of conviction and sentence, but his trial counsel failed to file a timely notice of appeal.” We affirm because the motion fails to allege that appellant timely requested his attorney to file a notice of appeal. See Gilliam v. State, 611 So. 2d 90 (Fla. 2d DCA 1992); Harris v. State, 596 So. 2d 500 (Fla. 1st DCA 1992). We do so without prejudice to appellant filing a sworn motion containing legally sufficient allegations.
To the extent appellant’s motion can be construed as raising other grounds, we affirm because those claims are barred by the two-year time limitation imposed by Florida Rule of Criminal Procedure 3.850 and the proscription against successive motions. See Hickman v. State, 581 So. 2d 942 (Fla. 2d DCA 1991).
AFFIRMED.
ERVIN, WEBSTER and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Long v. State, 678 So. 2d 925 (Fla. 1st DCA 1996)…1984). Second, appellant alleges that counsel was ineffective in failing to file an appeal. This claim was properly denied by the trial court on the basis that appellant failed to allege that he requested counsel to file an appeal. Battles v. State, 668 So. 2d 333 (Fla. 1st DCA 1996); Gunn v. State, 612 So. 2d 643 (Fla. 4th DCA 1993); Hudson v. State, 596 So. 2d 1213 (Fla. 1st DCA 1992)(a defendant states a colorable claim of ineffective assistance with allegations that he made a timely request for an appeal…
Authorities Cited
- Hickman v. State, 581 So. 2d 942 (Fla. 2d DCA 1991)
- Douglas v. Gilliam, 611 So. 2d 90 (Fla. 2d DCA 1992)
- Harris v. State, 596 So. 2d 500 (Fla. 1st DCA 1992)