Lora v. State

Wenceslao Manuel Lora appeals the trial court’s final order, dated January 26, 1989, denying his motion for post conviction relief. Appellant did not file his notice of appeal until March 3, 1989. This court, upon appellant’s petition for habeas corpus, granted belated appellate review and considered the petition as a notice of appeal. We reverse.

As a preliminary matter, we find that the trial court erred in concluding that appellant was not a “prisoner in custody” for Florida Rule of Criminal Procedure 3.850 purposes and therefore lacked standing to challenge his sentence of community…