Brooks v. State

Full title: James D. BROOKS, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 7, 2006

930 So. 2d 832 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D06-1639.

June 7, 2006.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Gary L. Sweet, Judge; L.T. Case No. 562002CF001905A.

James D. Brooks, Avon Park, pro se.

No appearance required for appellee.

PER CURIAM.

We affirm the trial court's order summarily denying appellant's rule 3.850 motion for post-conviction relief without prejudice to appellant filing a timely petition for belated appeal due to counsel's alleged failure to file a notice of appeal. Fla.R.App.P. 9.141(c); McIntyre v. State, 789 So.2d 478 (Fla. 4th DCA 2001).

STEVENSON, C.J., POLEN and MAY, JJ., concur.