Whitworth v. State

District Court of Appeal of Florida

Whitworth v. State

742 So. 2d 397, 1999 Fla. App. LEXIS 11619, 1999 WL 651980

CourtDistrict Court of Appeal of Florida

DecidedAugust 27, 1999

DocketNo. 99-01911

StatusPublished

This text of 742 So. 2d 397 (Whitworth 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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Whitworth v. State, 742 So. 2d 397, 1999 Fla. App. LEXIS 11619, 1999 WL 651980 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Robert L. Whitworth appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Whitworth filed his motion in the trial court on March 9, 1999. His sole contention is that he received ineffective assistance of counsel due to counsel’s failure to file a notice of appeal from the judgment of conviction and sentence entered against him on October 24, 1994. We treat Whitworth’s appeal, filed in this court, as a petition seeking a belated appeal under Florida Rule of Appellate Procedure 9.140(j)(l), see Hawkins v. State, 706 So.2d 941 (Fla. 1st DCA 1998), and deny it as untimely filed. See Fla. R.App. P. 9.140(j)(3)(A); Russell v. State, 24 Fla. L. Weekly D1542, 740 So.2d 567 (Fla. 1st DCA 1999).

GREEN, A.C.J., and SALCINES and DAVIS, JJ., Concur.

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PER CURIAM.

Robert L. Whitworth appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Whitworth filed his motion in the trial court on March 9, 1999. His sole contention is that he received ineffective assistance of counsel due to counsel’s failure to file a notice of appeal from the judgment of conviction and sentence entered against him on October 24, 1994. We treat Whitworth’s appeal, filed in this court, as a petition seeking a belated appeal under Florida Rule of Appellate Procedure 9.140(j)(l), see Hawkins v. State, 706 So.2d 941 (Fla. 1st DCA 1998), and deny it as untimely filed. See Fla. R.App. P. 9.140(j)(3)(A); Russell v. State, 24 Fla. L. Weekly D1542, 740 So.2d 567 (Fla. 1st DCA 1999).

GREEN, A.C.J., and SALCINES and DAVIS, JJ., Concur.

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742 So. 2d 397, 1999 Fla. App. LEXIS 11619, 1999 WL 651980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitworth-v-state-fladistctapp-1999.

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