Smith v. State, 96-456

• Decision Date: 05 August 1996
• Docket Number: No. 96-456,96-456
• Citation: 677 So.2d 960
• Parties: 21 Fla. L. Weekly D1791 Fran L. SMITH, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 960

677 So.2d 960

21 Fla. L. Weekly D1791

Fran L. SMITH, Appellant, v. STATE of Florida, Appellee.

No. 96-456.

District Court of Appeal of Florida,

First District.

Aug. 5, 1996.

No brief filed, for Appellant.

No brief filed, for Appellee.

PER CURIAM.

Fran L. Smith, the appellant, appeals an order denying his motion for post-conviction relief. We affirm. With regard to the allegation in Ground Four that trial counsel failed to file a proper notice of appeal despite the appellant's request, we note that the motion was properly denied because it does not assert that the request for an appeal was timely. Green v. State, 614 So.2d 1198 (Fla. 1st DCA 1993) (defendant was not entitled to postconviction relief on ground that trial counsel was ineffective for failing to appeal despite request to do so, where defendant did not allege that his request was timely); Jackson v. State, 599 So.2d 266 (Fla. 1st DCA 1992); Williams v. State, 596 So.2d 501 (Fla. 1st DCA 1992). Furthermore, with regard to all seven claims, the appellant failed to satisfy the "prejudice" prong of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

AFFIRMED.

ALLEN and MICKLE, JJ., and SHIVERS, J., Senior Judge, concur.