Quinones v. State

District Court of Appeal of Florida

Quinones v. State

871 So. 2d 1044, 2004 Fla. App. LEXIS 6437, 2004 WL 1057793

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 2004

DocketNo. 5D04-669

StatusPublished

Cited by1 cases

This text of 871 So. 2d 1044 (Quinones 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.

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Quinones v. State, 871 So. 2d 1044, 2004 Fla. App. LEXIS 6437, 2004 WL 1057793 (Fla. Ct. App. 2004).

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Opinion

ORFINGER, J.

Angel Quinones petitions for a writ of habeas corpus authorizing a belated appeal. He contends that his counsel failed to timely file a motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(1). Quinones’s remedy, if he has one, exists in a timely motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Accordingly, we deny the petition seeking a belated appeal without prejudice to Qui-nones raising these issues in a rule 3.850 motion. 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.

PLEUS and MONACO, JJ., concur.

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ORFINGER, J.

Angel Quinones petitions for a writ of habeas corpus authorizing a belated appeal. He contends that his counsel failed to timely file a motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(1). Quinones’s remedy, if he has one, exists in a timely motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Accordingly, we deny the petition seeking a belated appeal without prejudice to Qui-nones raising these issues in a rule 3.850 motion. 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.

PLEUS and MONACO, JJ., concur.

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Bluebook (online)

871 So. 2d 1044, 2004 Fla. App. LEXIS 6437, 2004 WL 1057793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quinones-v-state-fladistctapp-2004.

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