Florida District Courts of Appeal, 2006

Lightbourne v. State

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)

Lightbourne v. State

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.