Wells v. State

District Court of Appeal of Florida

Wells v. State

899 So. 2d 506, 2005 Fla. App. LEXIS 5567, 2005 WL 925615

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 2005

DocketNo. 5D05-1011

StatusPublished

This text of 899 So. 2d 506 (Wells 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

Wells v. State, 899 So. 2d 506, 2005 Fla. App. LEXIS 5567, 2005 WL 925615 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

Christopher Wells petitions this court for a writ of habeas corpus to file a belated motion under Florida Rule of Criminal Procedure 3.850. He alleges that after he was convicted and sentenced in 1975, he hired an attorney to timely file such a motion, but it was never filed. We deny the petition without prejudice for Wells to petition the trial court, the proper forum, for a writ of habeas corpus. See Steele v. Kehoe, 747 So.2d 931, 934 (Fla.1999). Upon receiving the petition, the trial court shall conduct a hearing to determine whether trial counsel undertook to file a 3.850 motion, but failed to do so in a timely manner. If Wells prevails at the hearing, he may then file a belated 3.850 motion. Steele at 934.

DENIED WITHOUT PREJUDICE.

GRIFFIN, THOMPSON and MONACO, JJ., concur.

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PER CURIAM.

Christopher Wells petitions this court for a writ of habeas corpus to file a belated motion under Florida Rule of Criminal Procedure 3.850. He alleges that after he was convicted and sentenced in 1975, he hired an attorney to timely file such a motion, but it was never filed. We deny the petition without prejudice for Wells to petition the trial court, the proper forum, for a writ of habeas corpus. See Steele v. Kehoe, 747 So.2d 931, 934 (Fla.1999). Upon receiving the petition, the trial court shall conduct a hearing to determine whether trial counsel undertook to file a 3.850 motion, but failed to do so in a timely manner. If Wells prevails at the hearing, he may then file a belated 3.850 motion. Steele at 934.

DENIED WITHOUT PREJUDICE.

GRIFFIN, THOMPSON and MONACO, JJ., concur.

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899 So. 2d 506, 2005 Fla. App. LEXIS 5567, 2005 WL 925615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-state-fladistctapp-2005.

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