JUAN BOWERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2006-10-18
No. 2D06-3001
NORTHCUTT and KELLY, JJ., Concur.
939 So. 2d 337 Florida District Court of Appeal, Second District (2006) Positive Treatment
Cited by 6 cases
Topics
Petition Petition For Belated Appeal Belated Appeal Motion For Postconviction Relief

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Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

Juan Bowers appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the postcon-viction court’s order summarily denying Bowers’ rule 3.850 motion for postconviction relief without prejudice to Bowers filing a timely petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). In his motion, Bowers claims that his counsel was ineffective for failing to file his appeal despite a timely request to do so. 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 taken. See McIntyre, 789 So. 2d at 478; see also Fla. R.App. P. 9.141(c).

Affirmed.

NORTHCUTT and KELLY, JJ., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Blair v. State, 948 So. 2d 1045 (Fla. 2d DCA 2007)
    …ction court’s dismissal of claims two and three without comment. We affirm the dismissal of claim one without prejudice to any right Mr. Blair may have to file a petition for belated appeal in this court. See Fla. RApp. P. 9.141(c); Bowers v. State, 939 So. 2d 337 (Fla. 2d DCA 2006). Affirmed. SALCINES and CANADY, JJ., concur.…
  • Clifton v. State, 56 So. 3d 859 (Fla. 1st DCA 2011)
    …riminal Procedure 3.850 motion. As to Ground Ten of that motion, we note that jurisdiction to entertain a request for a belated appeal lies with the District Court of Appeal and not the circuit court. See Fla. R.App. P. 9.141(c)(2); Bowers v. State, 939 So. 2d 337 (Fla. 2d DCA 2006). AFFIRMED. KAHN, DAVIS, and HAWKES, JJ., concur.…
  • Catron v. State, 127 So. 3d 723 (Fla. 2d DCA 2013)
    …minal Procedure 3.850. We affirm the denial of claims one, two, and four without comment. We also affirm the dismissal of claim three without prejudice to Catron filing a petition for belated appeal of his judgment and sentence. See Bowers v. State, 939 So. 2d 337, 338 (Fla. 2d DCA 2006) (“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 b…

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