Florida District Courts of Appeal, 2002

Rechis v. State

Rechis v. State
Florida District Courts of Appeal · Decided March 1, 2002 · Griffin, Peterson, Sharp
812 So. 2d 458; 2002 Fla. App. LEXIS 2197; 2002 WL 312777 (Southern Reporter, Second Series)

Rechis v. State

Opinion of the Court

PER CURIAM.

Raymond Nicholas Rechis petitions for a writ of habeas corpus for a belated appeal, alleging that his attorney failed to file an appeal of an order denying Rechis’ motion to correct an illegal sentence. We deny the petition because (1) Rechis failed to allege that he asked his attorney to file the appeal in a timely manner, and (2) there can be no ineffective assistance of post-conviction counsel in the absence of a constitutional right to that counsel. See, e.g., Waterhouse v. State, 792 So.2d 1176, 1193 (Fla. 2001).

PETITION DENIED.

SHARP, W., PETERSON and GRIFFIN, JJ., concur.

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