5D04-669 Angel Quinones v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-669

Case Date: 05/03/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA JANUARY TERM 2004 FIFTH DISTRICT

ANGEL QUINONES, Petitioner, v. STATE OF FLORIDA, Respondent. ___________________________________/ Opinion filed May 7, 2004 Petition for Belated Appeal, A Case of Original Jurisdiction. Angel Quinones, Florida City, Pro Se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent. 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 postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Accordingly, we deny the petition seeking a belated appeal without prejudice to Quinones 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). CASE NO. 5D04-669

PETITION FOR BELATED APPEAL DENIED. PLEUS and MONACO, JJ., concur.

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