Florida District Courts of Appeal, 1999

Coatney v. State

Coatney v. State
Florida District Courts of Appeal · Decided August 17, 1999 · Benton, Kahn, Nortwick
738 So. 2d 1019; 1999 Fla. App. LEXIS 11036; 1999 WL 619365 (Southern Reporter, Second Series)

Coatney v. State

Opinion of the Court

PER CURIAM.

The order denying appellant’s motion for post-conviction relief, filed pursuant to rule 3.850, Florida Rules of .Criminal Procedure, is affirmed without prejudice to appellant to file a motion for belated appeal.

BENTON AND VAN NORTWICK, JJ, CONCUR and KAHN, J, CONCURS AND DISSENTS WITH WRITTEN OPINION.

Concurring in Part

KAHN, J,

concurring in part and dissenting in part.

I concur in the affirmance of this appeal. I do not, however, concur with the court’s addition of the notation “without prejudice to appellant’s right to file a motion for belated appeal.” Nothing appears in appellant’s Rule 3.850 motion to suggest that she timely requested her lawyer to take an appeal from her sentence after a guilty plea. On the other hand, the transcripts attached by the trial court clearly established that appellant was fully advised of her right to an appeal and of her right to have a lawyer appointed for that purpose.

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