State v. Wells

706 So. 2d 934, 1998 Fla. App. LEXIS 1836, 1998 WL 75145

Opinion

PER CURIAM.

The state appeals from an order which granted a writ of coram nobis setting aside a conviction entered on a guilty plea because of alleged ineffective assistance of counsel.¹ Because, as we have recently and definitively held in Peart v. State, 705 So.2d 1059 (Fla. 3d DCA 1998) (en banc), coram nobis does not lie on such a ground,² the judgment under review is reversed and the cause remanded with directions to dismiss the petition.

1 . The appellee was not in custody and thus not entitled to Rule 3.850 relief.

2 . We do not pass upon the substantivé correctness, or lack of it, of the order'below.