Navarre v. State

Petitioner seeks a writ of habeas corpus to secure belated appeal. A show cause order issued and state files a response which shall be construed as a motion to dismiss. The motion to dismiss is denied.

Petitioner sought belated appeal alleging his attorney failed to file a notice of appeal although he was instructed to do so. Respondent argues that petitioner’s claim is one of ineffective assistance of trial counsel, cognizable only under Rule 3.850, Florida Rules of Criminal Procedure. A motion pursuant to Rule 3.850 must be made before the trial court where the alleged error occurred.…