Daley v. State

Donovan Daley appeals the order denying his post-conviction motion seeking a belated appeal. We affirm because the relief is available only through a petition for writ of habe-as corpus filed in this court. Fla. R.App. P. 9.140(j) (1997).

However, for the sake of judicial economy, we treat this case as if Daley had filed his request for a belated appeal in this court. Because the request was made more than five years after Daley’s conviction and sentence became final, relief is presumptively barred by laches. Wing v. State, 704 So.2d 1154 (Fla. 4th DCA 1998); McCray v. State, 699 So.2d 1366…