Lightbourne v. State

District Court of Appeal of Florida

Lightbourne v. State

920 So. 2d 776, 2006 Fla. App. LEXIS 1835, 2006 WL 335653

District Court of Appeal of Florida·Decided February 15, 2006·No. No. 3D05-2952·Published·Cited by 2 cases

Opinion

PER CURIAM.

Hartman Lightbourne seeks a belated appeal from judgment and sentence rendered January 31, 2005. Because Lightb-ourne failed to file a specific motion to withdraw his plea within 30 days of sentencing, we deny his petition for belated appeal. Fla. R.Crim. P. 3.170(i); Fla. RApp. P. 9.140(b)(2)(A). We do so without prejudice to Lightbourne to timely file a post-conviction petition pursuant to Florida Rule of Criminal Procedure 3.850. See Dooley v. State, 789 So.2d 1082 (Fla. 1st DCA 2001) (holding that defendant is not precluded from filing a rule 3.850 motion to withdraw his plea merely because he did not file a motion to withdraw pursuant to rule 3.170(1)).

Petition for belated appeal denied.

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PER CURIAM.

Hartman Lightbourne seeks a belated appeal from judgment and sentence rendered January 31, 2005. Because Lightb-ourne failed to file a specific motion to withdraw his plea within 30 days of sentencing, we deny his petition for belated appeal. Fla. R.Crim. P. 3.170(i); Fla. RApp. P. 9.140(b)(2)(A). We do so without prejudice to Lightbourne to timely file a post-conviction petition pursuant to Florida Rule of Criminal Procedure 3.850. See Dooley v. State, 789 So.2d 1082 (Fla. 1st DCA 2001) (holding that defendant is not precluded from filing a rule 3.850 motion to withdraw his plea merely because he did not file a motion to withdraw pursuant to rule 3.170(1)).

Petition for belated appeal denied.

Lightbourne v. State, 920 So. 2d 776, 2006 Fla. App. LEXIS 1835, 2006 WL 335653 (Fla. Ct. App. 2006).

Pincite

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Opinion

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