Florida District Courts of Appeal, 2004

Quinones v. State

Florida District Courts of Appeal · Decided May 7, 2004 · Monaco, Orfinger, Pleus

871 So. 2d 1044; 2004 Fla. App. LEXIS 6437; 2004 WL 1057793 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Brown v. Secretary for the Department of Corrections (11th Cir. 2006)

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Opinion of the Court

ORFINGER, J.

Angel Quinones petitions for a writ of habeas corpus authorizing a belated appeal. He contends that his counsel failed to timely file a motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(1). Quinones’s remedy, if he has one, exists in a timely motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Accordingly, we deny the petition seeking a belated appeal without prejudice to Qui-nones raising these issues in a rule 3.850 motion. See Dooley v. State, 789 So.2d 1082 (Fla. 1st DCA 2001) (holding that defendant is not precluded from filing a rule 3.850 motion to withdraw his plea merely because he did not file a motion to withdraw pursuant to rule 3.170(1)).

PETITION FOR BELATED APPEAL DENIED.

PLEUS and MONACO, JJ., concur.

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