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Lightbourne v. State

District Court of Appeal of Florida, Third District
Feb 15, 2006
920 So. 2d 776 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D05-2952.

February 15, 2006.

A case of original jurisdiction — belated appeal.

Hartman Lightbourne, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before FLETCHER, WELLS, and SHEPHERD, JJ.


Hartman Lightbourne seeks a belated appeal from judgment and sentence rendered January 31, 2005. Because Lightbourne 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( l); Fla.R.App.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.


Summaries of

Lightbourne v. State

District Court of Appeal of Florida, Third District
Feb 15, 2006
920 So. 2d 776 (Fla. Dist. Ct. App. 2006)
Case details for

Lightbourne v. State

Case Details

Full title:Hartman LIGHTBOURNE, Petitioner, v. The STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Third District

Date published: Feb 15, 2006

Citations

920 So. 2d 776 (Fla. Dist. Ct. App. 2006)

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