Harris v. State

Full title: ROBERT HARRIS, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Oct 30, 2002

829 So. 2d 328 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D01-3073

Opinion filed October 30, 2002.

An Appeal under Fla.R.App.P.9.141(b)(2) from the Circuit Court of Miami-Dade County, Cecilia M. Altonaga, Judge. Lower Tribunal No. 80-2058.

Robert Harris, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Before SCHWARTZ, C.J., and RAMIREZ, J., and NESBITT, Senior Judge.

PER CURIAM.

We affirm the denial of Robert Harris' petition as untimely filed. Even though Harris labeled his petition as one for writ of error coram nobis, all of his allegations pertain to ineffective assistance of counsel in connection with pleas entered on December 8, 1980, and March 21, 1987. The proper pleading which Harris should have filed was a motion under rule 3.850, Florida Rules of Criminal Procedure. The trial court, therefore, properly denied the petition as untimely. See Fla.R.Crim.P. 3.850(b).

Affirmed.