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Florida District Courts of Appeal, 1998

State v. Wells

State v. Wells
Florida District Courts of Appeal · Decided February 25, 1998 · Green, Schwartz, Shevin
706 So. 2d 934; 1998 Fla. App. LEXIS 1836; 1998 WL 75145 (Southern Reporter, Second Series)

State v. Wells

Opinion of the Court

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.

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

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

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