Nieves v. State

Jack D. Nieves petitions this court for writ of habeas corpus, seeking a belated appeal. He asserts the trial court erred when it denied his motion to dismiss counsel. Shortly after the trial court denied the motion, Nieves entered a plea of nolo contendere to second' degree murder. He argues that the trial court and his trial counsel should have informed him that he could have appealed the trial court’s decision. He cites Florida Rules of Appellate Procedure 9.140(b)(2)(A) and 9.140(j) to support his argument.

To obtain a belated appeal under Rule 9.140(j), the petition must allege that…