5D02-238 Rechis v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-238

Case Date: 02/25/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

RAYMOND NICHOLAS RECHIS, Petitioner, v. STATE OF FLORIDA, Respondent. _______________________________/ Opinion filed March 1, 2002 Petition for Belated Appeal, A Case of Original Jurisdiction. Raymond Nicholas Rechis, Wewahitchka, pro se. No Appearance for Respondent. Case No. 5D02-238

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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