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.