Battles v. State

Appellant seeks review of an order summarily denying his motion for postconviction relief, in which he sought a belated appeal based upon ineffective assistance of counsel in that he “at all times desired to appeal the judgment of conviction and sentence, but his trial counsel failed to file a timely notice of appeal.” We affirm because the motion fails to allege that appellant timely requested his attorney to file a notice of appeal. See Gilliam v. State, 611 So.2d 90 (Fla. 2d DCA 1992); Harris v. State, 596 So.2d 500 (Fla. 1st DCA 1992). We do so without prejudice to appellant filing a…