EDDIE CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDDIE CARTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
789 So. 2d 478
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm Appellant’s conviction, but remand for a correction of the judgment to reflect aggravated assault as a third degree felony.
FARMER, STEVENSON and SHAHOOD, JJ., concur.
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Bowers v. State, 939 So. 2d 337 (Fla. 2d DCA 2006)…The postconviction court summarily denied the motion, concluding that Bowers failed to allege that the request for appeal was timely. However, the postconviction court should have dismissed the motion for lack of jurisdiction. See McIntyre v. State, 789 So. 2d 478 (Fla. 4th DCA 2001). Claims alleging ineffective assistance of trial counsel in failing to file a notice of appeal of the conviction are to be raised by petition for belated appeal, filed in the appellate court to which the appeal should have been t…
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Brooks v. State, 930 So. 2d 832 (Fla. 4th DCA 2006)…rily denying appellant’s rule 3.850 motion for post-conviction relief without prejudice to appellant filing a timely petition for belated appeal due to counsel’s alleged failure to file a notice of appeal. Fla. R.App. P. 9.141(c); McIntyre v. State, 789 So. 2d 478 (Fla. 4th DCA 2001). STEVENSON, C.J., POLEN and MAY, JJ., concur.…