Brooks v. State

We affirm the trial court’s order summarily denying appellant’s rule 3.850 motion for post-conviction relief without prejudice to appellant filing a timely petition for belated appeal due to counsel’s alleged failure to file a notice of appeal. Fla. R.App. P. 9.141(c); McIntyre v. State, 789 So.2d 478 (Fla. 4th DCA 2001).

STEVENSON, C.J., POLEN and MAY, JJ., concur.