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Cochenour v. State

District Court of Appeal of Florida, First District
Nov 18, 1992
608 So. 2d 563 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-2280.

November 18, 1992.

An Appeal from the Circuit Court for Okaloosa County; G. Robert Barron, Judge.

Walter R. Cochenour, pro se.

No appearance for appellee.


Walter R. Cochenour has appealed from an order of the trial court summarily denying his motion for post-conviction relief, pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm.

Cochenour was convicted of escape and, on December 28, 1990, the trial court imposed an habitual felony offender sentence. On May 28, 1991, Cochenour filed the instant motion alleging 1) ineffective assistance of counsel, 2) failure to prepare a sentencing guidelines scoresheet, 3) failure to provide a hearing on the habitual felony offender classification, and 4) denial of the right to appeal, in that his counsel refused to do so despite a request.

We find, without discussion, that the trial court correctly denied Cochenour's motion as to the first three grounds. With regard to the fourth, the allegation that a defendant made a timely request for an appeal which counsel failed to honor creates a colorable claim of ineffective assistance of counsel, requiring either an evidentiary hearing or attachment of those portions of the record negating the allegation. Jackson v. State, 599 So.2d 266, 267 (Fla. 1st DCA 1992).

We affirm the denial of the motion as to this allegation, in that Cochenour did not allege that his request for an appeal was timely. However, as to this allegation only, affirmance is without prejudice to the filing of a sworn motion alleging that the request for an appeal was timely made. The order is in all other respects affirmed on the merits.

JOANOS, C.J., WIGGINTON and KAHN, JJ., concur.


Summaries of

Cochenour v. State

District Court of Appeal of Florida, First District
Nov 18, 1992
608 So. 2d 563 (Fla. Dist. Ct. App. 1992)
Case details for

Cochenour v. State

Case Details

Full title:WALTER R. COCHENOUR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Nov 18, 1992

Citations

608 So. 2d 563 (Fla. Dist. Ct. App. 1992)