Tucker v. State

Full title: BRIAN M. TUCKER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Aug 3, 1999

738 So. 2d 483 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-301.

Opinion filed August 3, 1999.

An appeal from the Circuit Court for Escambia County, Joseph Q. Tarbuck, Judge.

Appellant, pro se.

Robert A. Butterworth, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Brian Tucker (Tucker) seeks review of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial judge correctly denied Tucker's motion on the merits.

We also treat the instant motion as a petition for a belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j), and grant the motion. See State v. Trowell, 24 Fla. L. Weekly S235, 739 So.2d 77 (Fla. 1999).

ERVIN, LAWRENCE and BROWNING, JJ., CONCUR.