Gibbs v. State

Appellant raises two grounds for reversal of the trial court’s denial of his rule 3.850 motion. On the first, we affirm.

The second ground for post-conviction relief, however, was legally sufficient. In it, appellant alleged that he was denied the right to effective assistance of trial counsel who failed to file a timely notice of appeal from his resentencing, although asked to do so. He also alleged that the trial court failed to advise him of his right to appeal.

Following our decision in Gibbs v. State, 623 So.2d 551 (Fla. 4th DCA), rev. denied, 630 So.2d 1099 (Fla.1993), appellant was…