Florida District Courts of Appeal, 2006

Lightbourne v. State

Florida District Courts of Appeal · Decided February 15, 2006 · Fletcher, Shepherd, Wells

920 So. 2d 776; 2006 Fla. App. LEXIS 1835; 2006 WL 335653 (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)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Hartman Lightbourne seeks a belated appeal from judgment and sentence rendered January 31, 2005. Because Lightb-ourne failed to file a specific motion to withdraw his plea within 30 days of sentencing, we deny his petition for belated appeal. Fla. R.Crim. P. 3.170(i); Fla. RApp. P. 9.140(b)(2)(A). We do so without prejudice to Lightbourne to timely file a post-conviction petition pursuant to Florida Rule of Criminal Procedure 3.850. 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.