Legal Opinion

Townsend v. State

District Court of Appeal of Florida

Decided June 13, 2005No. 1D05-0851PublishedCited by 1 opinion

1Per curiam

The appellant’s request for a belated appeal is not cognizable in a rule 3.850 motion. The request does not constitute one of the enumerated grounds for filing a rule 3.850 motion. See Fla. R.Crim. P. 3.850(a). Thus, the trial court correctly denied the appellant’s motion.

Accordingly, we affirm the trial court’s denial of the appellant’s rule 3.850 motion. This disposition is without prejudice to the appellant’s right to file a Petition for Belated Appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).

AFFIRMED.

WEBSTER, DAVIS and THOMAS, JJ., concur.

2Cited by1 opinion

  1. Presley v. FLORIDA PAROLE COM'N.District Court of Appeal of Florida · 2005