Defendant, Mario H. Suarez, was prevented from timely appealing the trial court’s denial of his original 3.850 motion for post-conviction relief because he did not receive timely notice of that denial. We thus treat defendant’s “Petition for Review of Belated Appeal of 3.850 Denial” as a petition for writ of habeas corpus for belated appeal and reach the merits of the appeal of the denial of his original 3.850 motion. See Fla. R.App. P. 9.040(c); Hildebrand v. Singletary, 666 So .2d 274 (Fla. 4th DCA 1996); Button v. State, 641 So.2d 106 (Fla. 2d DCA), rev. denied, 645 So.2d 450 (Fla. 1994); see also State ex rel. Shevin v. District Court of Appeal, Third District, 316 So.2d 50 (Fla. 3d DCA 1975); Viqueira v. Roth, 591 So.2d 1147 (Fla. 3d DCA 1992). On the merits, we find no error in the trial court’s summary rejection of defendant’s claims of an involuntary plea and ineffective assistance of counsel. We do not consider the points of error raised in the present petition that were not raised in the original 3.850 motion.1 The relief sought by petitioner is denied.

(dissenting).

In my view the appellant has sufficiently alleged a basis for relief on the basis of Ashley2 error. The motion was summarily denied and the record does not conclusively show that appellant is entitled to no relief. Fla. R.App. P. 9.140(g).3