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871 So. 2d 1044

Quinones v. State

District Court of Appeal of Florida · decided 2004-05-07

Cited by 2 later decisions — most recently October 2006

1 state decisions

Relies on Dooley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-05-07

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ORFINGER, J.

¶1Angel Quinones petitions for a writ of habeas corpus authorizing a belated appeal. He contends that his counsel failed to timely file a motion to withdraw his plea pursuant to Florida Rule of Criminal Procedure 3.170(1). Quinones’s remedy, if he has one, exists in a timely motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Accordingly, we deny the petition seeking a belated appeal without prejudice to Qui-nones raising these issues in a rule 3.850 motion. 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)).

¶2PETITION FOR BELATED APPEAL DENIED.

PLEUS and MONACO, JJ., concur.
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