Peri v. State, 84-791
| Decision Date | 23 October 1984 |
| Docket Number | No. 84-791,84-791 |
| Citation | 458 So.2d 62 |
| Parties | Robert PERI, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett Brummer, Public Defender and John Lipinski, Sp. Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HUBBART and FERGUSON, JJ.
The defendant appeals from the denial of a Fla.R.Crim.P. 3.850 motion based on the alleged ineffectiveness of appellate counsel. See Peri v. State, 412 So.2d 367 (Fla. 3d DCA 1981). Because this claim may be asserted only in a habeas corpus proceeding in the appellate court, Smith v. State, 400 So.2d 956 (Fla.1981); Knight v. State, 394 So.2d 997 (Fla.1981), the order under review is affirmed without prejudice to the filing of such a petition. 1
1 We do not believe that the record before us renders it appropriate to treat the present appeal as such a petition, as the appellant suggests. Cf. Smith v. State, supra; Roberts v. State, 378 So.2d 887 (Fla. 1st DCA 1979).
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