BRIAN M. TUCKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRIAN M. TUCKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
738 So. 2d 483
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Brian Tucker (Tucker) seeks review of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial judge correctly denied Tucker’s motion on the merits.
We also treat the instant motion as a petition for a belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j), and grant the motion. See State v. Trowell, 24 Fla. L. Weekly S235, 739 So. 2d 77 (Fla.1999).
ERVIN, LAWRENCE and BROWNING, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sury v. State, 750 So. 2d 152 (Fla. 1st DCA 2000)…e to a show cause order, the State has not disputed the factual claims in Appellant’s sworn 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 wi…
Authorities Cited
- State v. Trowell, 739 So. 2d 77 (Fla. 1999)