JUAN JOSE BERNAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Juan Jose Bernal appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order without discussion. However, to the extent that Bernal raises claims of trial court error or improper actions by the state attorney that were preserved for appellate review, but not raised on direct appeal, our affirmance is without prejudice to Bernal now raising them in a petition alleging ineffective assistance of appellate counsel filed pursuant to Florida Rule of Appellate Procedure 9.140(j). This court will consider as timely filed any such petition filed within 30 days from the date of the issuance of the mandate in this case. See, e.g., Pavey v. State, 720 So. 2d 563 (Fla. 2d DCA 1998); Ashby v. State, 752 So. 2d 698 (Fla. 2d DCA 2000).
Affirmed.
CAMPBELL, A.C.J., and NORTHCUTT and DAVIS, JJ., Concur.
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Citator
Cited By
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Bailey v. State, 845 So. 2d 259 (Fla. 2d DCA 2003)…iley to file a rule 3.850 motion has nearly expired during the pendency of this appeal, Bailey shall have thirty days from the date of the mandate following this opinion in which to file a corrected motion and memorandum of law. See Bernal v. State, 768 So. 2d 467 (Fla. 2d DCA 2000). In his last claim, Bailey argued that he should be resentenced on the trafficking counts in case numbers 01-3835 and 99-17749 based on our decision in Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), which invalidated the leg…
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Gray v. State, 855 So. 2d 85 (Fla. 2d DCA 2003)…PER CURIAM. Affirmed. See Bernal v. State, 768 So. 2d 467 (Fla. 2d DCA 2000). SALCINES, STRINGER, and COVINGTON, JJ., concur.…
Authorities Cited
- Monty Pavey v. State, 720 So. 2d 563 (Fla. 2d DCA 1998)
- Ashby v. State, 752 So. 2d 698 (Fla. 2d DCA 2000)