RICHARD L. DYE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1998-08-28
No. 98-2123
W. SHARP and PETERSON, JJ., concur.
715 So. 2d 1170 Florida District Court of Appeal, Fifth District (1998)

Opinion of the Court
THOMPSON, Judge.

THOMPSON, Judge.

Richard L. Dye appeals the summary denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. He sought a belated appeal based on his trial counsel’s failure to file a notice of appeal. The trial court denied the motion without prejudice for Dye to file a petition for writ of habeas corpus in this court. We affirm. See White v. State, 710 So. 2d 766 (Fla. 5th DCA 1998); Fla. R.App. P. 9.140(j).

AFFIRMED.

W. SHARP and PETERSON, JJ., concur.


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