Florida District Courts of Appeal, 1999

Whitworth v. State

Whitworth v. State
Florida District Courts of Appeal · Decided August 27, 1999 · Davis, Green, Salcines
742 So. 2d 397; 1999 Fla. App. LEXIS 11619; 1999 WL 651980 (Southern Reporter, Second Series)

Whitworth v. State

Opinion of the Court

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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