WILLIE PRATT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the motion was insufficient under Rule 1.850, but the issue raised could be grounds for a habeas corpus petition.
Appellant filed a motion under CrPR 1.850 alleging ineffective assistance of counsel regarding an appeal. The motion was denied by the trial court.…
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Appellant seeks review of the denial of his motion filed pursuant to CrPR 1.850, 33 F.S.A. We affirm.
Appellant’s motion is a ten-page handwritten document alleging several grounds for relief, including one small paragraph as follows:
“ * * * the defendant * * * told Assistant Public Defender * * * on the day of the defendant [sic] conviction, * * * that he the defendant wanted to appeal his Case and Assistant Public Defender, * * * told the Defendant that he, Assistant Public Defender * * would take care of the appeal * * * the Defendant have [sic] never talked to, or received any information concerning the appeal for the Defendant * * ”
None of the grounds relied upon form a sufficient predicate for relief under the aforesaid Rule 1.850, so the order denying said motion was proper. But the ground suggested in the quoted paragraph above, i. e., that appellant was wrongfully deprived *249of an orderly appeal, may be urged on a petition for habeas corpus.1
Accordingly, we pursue the course followed by our sister court in Jackson v. State, supra, and affirm without prejudice to the right of the appellant to file a petition for habeas corpus in this court, alleging sufficient grounds to warrant a full appellate review.
Affirmed.
HOBSON, C. J., and PIERCE, J., concur.
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Citator
Cited By
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Davis v. State, 260 So. 2d 547 (Fla. 2d DCA 1972)…PER CURIAM. Appeal dismissed without prejudice to appellant’s right to seek relief by habeas corpus pursuant to Baggett v. Wainwright, Fla.1969, 229 So. 2d 239. See also Powe v. State, Fla.1968, 216 So. 2d 446, and Pratt v. State, Fla.App.2d 1970, 232 So. 2d 248. Prior to seeking delayed appellate review, the appellant should consider that he was adjudicated pursuant to a plea of guilty. All he is now alleging is that he was denied appellate review. Of course, he has a right to appeal but this is a needles…
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Petaccia v. State, 276 So. 2d 500 (Fla. 4th DCA 1973)…firmed, without prejudice to appellant [*501] to proceed by way of habeas corpus. Powe v. State, Fla.1968, 216 So. 2d 446; Baggett v. Wainwright, Fla.1970, 229 So. 2d 239; Jackson v. State, Fla.App.1969, 227 So. 2d 354; Pratt v. State, Fla.App.1970, 232 So. 2d 248; and Rushing v. State, Fla.App.1970, 233 So. 2d 137. CROSS and MAGER, JJ., and STRAWN, DAVID U., Associate Judge, concur.…
Authorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- Jackson v. State, 227 So. 2d 354 (Fla. 4th DCA 1969)