Home/District Court of Appeal of Florida/Ellison v. State

Ellison v. State

572 So. 2d 1002, 1990 Fla. App. LEXIS 9626, 1990 WL 211383
CourtDistrict Court of Appeal of Florida
DecidedDecember 27, 1990
DocketNo. 90-2072
StatusPublished

This text of 572 So. 2d 1002 (Ellison v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ellison v. State, 572 So. 2d 1002, 1990 Fla. App. LEXIS 9626, 1990 WL 211383 (Fla. Ct. App. 1990).

Opinion

DAUKSCH, Judge.

Petitioner seeks a belated appeal by way of habeas corpus, alleging that his counsel was ineffective in failing to advise him of his right to appeal his sentence. This case is governed by State v. District Court of Appeal, Fifth District, 569 So.2d 439 (Fla.1990), which held that such claims should be filed in the trial court by motion pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Although this petition was filed prior to rendition of the Florida Supreme Court case, it was in the pipeline, so the petition is denied without prejudice to file a Rule 3.850 motion in the trial court.

PETITION DENIED.

COBB and HARRIS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Dist. Ct. of Appeal, First Dist.
569 So. 2d 439 (Supreme Court of Florida, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
572 So. 2d 1002, 1990 Fla. App. LEXIS 9626, 1990 WL 211383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellison-v-state-fladistctapp-1990.