TERRY MCINTYRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Collateral Relief cases and more on FLexlaw
PER CURIAM.
We affirm in part the order denying Appellant’s motion for postconviction relief. Our affirmance is without prejudice to Appellant’s right to refile his second and third grounds for relief, concerning his habitual offender sentencing and the calculation of his sentencing guidelines score-sheet, in a proper amended motion that includes the history of any prior attempts at collateral relief. See Fla. R.Crim. P. 3.850(c), 3.987; Woods v. State, 740 So. 2d 600 (Fla. 4th DCA 1999). However, Appellant’s first ground, alleging ineffective assistance of trial counsel in failing to file a notice of appeal of the conviction and sentence, should have been dismissed for lack of jurisdiction. Such claims are to be raised by petition for belated appeal, filed in the appellate court to which the appeal should have been taken. See Fla. R.App. P. 9.141(c). Affirmed in part without prejudice; reversed in part, and remanded.
GUNTHER, WARNER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
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…
-
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.…
Authorities Cited
- Atterbury v. State, 740 So. 2d 600 (Fla. 4th DCA 1999)
- Woods v. State, 740 So. 2d 600 (Fla. 4th DCA 1999)