Howard v. State
Howard v. State
Opinion of the Court
Howard has filed a petition with this court requesting a belated appeal. Howard pled guilty in the trial court to possession of a controlled substance
Howard fails to allege here that he requested his trial counsel to file an appeal and that counsel failed to honor his request. Whether his trial counsel was ineffective for failing to advise him that he should and could reserve his right to appeal the denial of the motion to suppress is not cognizable in this proceeding. Nieves v. State, 737 So.2d 587 (Fla. 5th DCA 1999). Howard’s appropriate remedy is to file a rule 3.850 motion in the trial court alleging ineffective assistance of trial counsel. Accordingly, we deny this petition without prejudice to seek appropriate collateral relief.
Petition for Belated Appeal DENIED WITHOUT PREJUDICE.
. § 893.13(6)(a), Fla. Stat.
. § 843.02, Fla. Stat.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.