RODNEY TOWNSEND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2005-06-13
No. 1D05-0851
WEBSTER, DAVIS and THOMAS, JJ., concur.
904 So. 2d 573 Florida District Court of Appeal, First District (2005) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant’s request for a belated appeal is not cognizable in a rule 3.850 motion. The request does not constitute one of the enumerated grounds for filing a rule 3.850 motion. See Fla. R.Crim. P. 3.850(a). Thus, the trial court correctly denied the appellant’s motion.

Accordingly, we affirm the trial court’s denial of the appellant’s rule 3.850 motion. This disposition is without prejudice to the appellant’s right to file a Petition for Belated Appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).

AFFIRMED.

WEBSTER, DAVIS and THOMAS, JJ., concur.


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  • Coy Smith v. Fla. Parole Comm'n, 987 So. 2d 229 (Fla. 4th DCA 2008)
    …1 So. 2d 84 (Fla. 1st DCA), review dismissed, 957 So. 2d 635 (Fla.2007); Carpenter v. Fla. Parole Comm’n, 958 So. 2d 564 (Fla. 2d DCA 2007). We agree with the concerns Judge Thomas raised in his concurrence in Presley v. Florida Parole Commission, 904 So. 2d 573, 574-75 (Fla. 1st DCA 2005), as to why a time limit for seeking review of these types of orders is direly needed. FARMER, KLEIN and STEVENSON, JJ., concur.…
  • Morris v. Fla. Parole Comm'n, 991 So. 2d 431 (Fla. 1st DCA 2008)
    …low, or in the circuit court’s order denying mandamus relief. In such a circumstance, we have concluded that it is appropriate to remand the matter to the circuit court in order to adjudicate the unaddressed issue. See Presley v. Fla. Parole Comm’n, 904 So. 2d 573 (Fla. 1st DCA 2005). Accordingly, the circuit court’s order denying the petition for writ of mandamus is QUASHED and the matter is REMANDED with directions to conduct such further proceedings as are necessary to address and adjudicate petitioner’s…
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    …barred, and we conclude that under the circumstances, it is appropriate to remand the matter to the circuit court in order to adjudicate this issue. See Morris v. Fla. Parole Comm’n, 991 So. 2d 431 (Fla. 1st DCA 2008); Presley v. Fla. Parole Comm’n, 904 So. 2d 573 (Fla. 1st DCA 2005). Accordingly, the petition for writ of certiorari is GRANTED, the order denying Lamb’s petition for writ of mandamus is QUASHED, and the matter is REMANDED to the circuit court for further proceedings consistent herewith. WEB…

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