Rechis v. State, 812 So. 2d 458 (Fla. 5th DCA 2002). · Go Syfert
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Rechis v. State, 812 So. 2d 458 (Fla. 5th DCA 2002). Cases Citing This Book View Copy Cite
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Raymond Nicholas RECHIS
v.
STATE of Florida
No. 5D02-238.
District Court of Appeal of Florida, Fifth District.
Mar 1, 2002.
Published opinion
812 So. 2d 458
2002 Fla. App. LEXIS 2197
2002 WL 312777
Raymond Nicholas Rechis, Wewahitch-ka, pro se., No Appearance for Respondent.
Griffin, Peterson, Sharp.
Published
PER CURIAM.

Raymond Nicholas Rechis petitions for a writ of habeas corpus for a belated appeal, alleging that his attorney failed to file an appeal of an order denying Rechis’ motion to correct an illegal sentence. We deny the petition because (1) Rechis failed to allege that he asked his attorney to file the appeal in a timely manner, and (2) there can be no ineffective assistance of post-conviction counsel in the absence of a constitutional right to that counsel. See, e.g., Waterhouse v. State, 792 So.2d 1176, 1193 (Fla.2001).

PETITION DENIED.

SHARP, W., PETERSON and GRIFFIN, JJ., concur.