ROBERT LEE HAWKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant challenges an order denying his motion for postconviction relief, filed under Florida Rule of Criminal Procedure 3.850, wherein he alleged, inter alia that his lawyer did not file a notice of appeal. As we acknowledged recently in Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA, 1998), motions under rule 3.850 that allege ineffective assistance of counsel for failure to file a notice of appeal are to be treated as petitions filed in this court and seeking belated appeal for ineffective assistance of appellate counsel under Florida Rule of Criminal Procedure 9.140(j)(1). Thus, we order the State to show cause within 30 days of this opinion why appellant should not be granted a belated appeal.
As to the other matters raised in appellant’s motion, we find no merit, and thus affirm the ruling of the trial court.
MINER, ALLEN and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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McLAURN v. State, 722 So. 2d 935 (Fla. 1st DCA 1998)…er alleged that the trial court did not inform him of the right to appeal within 30 days. We treated this appeal as a petition under rule 9.140(j), Florida Rules of Appellate Procedure, and issued an order to show cause. See, e.g., Hawkins v. State, 706 So. 2d 941 (Fla. 1st DCA 1998); Hammond v. State, 706 So. 2d 73 (Fla. 1st DCA 1998); Dubois v. State, 705 So. 2d 713 (Fla. 1st DCA 1998). Having considered the state’s response to the order to show cause, we conclude that appellant’s claim was time barred pr…
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Whitworth v. State, 742 So. 2d 397 (Fla. 2d DCA 1999)…om the judgment of conviction and sentence entered against him on October 24, 1994. We treat Whitworth’s appeal, filed in this court, as a petition seeking a belated appeal under Florida Rule of Appellate Procedure 9.140(j)(l), see Hawkins v. State, 706 So. 2d 941 (Fla. 1st DCA 1998), and deny it as untimely filed. See Fla. R.App. P. 9.140(j)(3)(A); Russell v. State, 24 Fla. L. Weekly D1542, 740 So. 2d 567 (Fla. 1st DCA 1999). GREEN, A.C.J., and SALCINES and DAVIS, JJ., Concur.…
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Sury v. State, 750 So. 2d 152 (Fla. 1st DCA 2000)…motion, and we therefore treat Appellant’s motion as a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j). Tucker v. State, 738 So. 2d 483 (Fla. 1st DCA), cause dismissed, 743 So. 2d 16 (Fla.1999); Hawkins v. State, 706 So. 2d 941 (Fla. 1st DCA 1998). We therefore grant Appellant’s motion, and treat it as a petition for a belated appeal and remand to the trial court. In accordance with the procedure set forth in Dubois v. State, 705 So. 2d 713 (Fla. 1st DCA), rev. dismissed…
Authorities Cited
- Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998)