Nieves v. State

1 Citing case

  1. Howard v. State

    824 So. 2d 1015 (Fla. Dist. Ct. App. 2002)   Cited 3 times
    Noting that filing a rule 3.850 motion alleging ineffective assistance of counsel is the appropriate remedy for a defendant whose attorney advised him or her to plead guilty without reserving the right to appeal

    Whether his trial counsel was ineffective for failing to advise him that he should and could reserve his right to appeal the denial of the motion to suppress is not cognizable in this proceeding. Nieves v. State, 737 So.2d 587 (Fla. 5th DCA 1999). Howard's appropriate remedy is to file a rule 3.850 motion in the trial court alleging ineffective assistance of trial counsel. Accordingly, we deny this petition without prejudice to seek appropriate collateral relief.