IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005
CHRISTOPHER WELLS, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed April 22, 2005. Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction. Christopher Wells, Raiford, pro se. No Appearance for Respondent. Case No. 5D05-1011
PER CURIAM. Christopher Wells petitions this court for a writ of habeas corpus to file a belated motion under Florida Rule of Criminal Procedure 3.850. He alleges that after he was convicted and sentenced in 1975, he hired an attorney to timely file such a motion, but it was never filed. We deny the petition without prejudice for Wells to petition the trial court, the proper forum, for a writ of habeas corpus. See Steele v. Kehoe, 747 So. 2d 931, 934 (Fla. 1999). Upon receiving the petition, the trial court shall conduct a hearing to determine whether trial counsel undertook to file a 3.850 motion, but failed to do so in
a timely manner. If Wells prevails at the hearing, he may then file a belated 3.850 motion. Steele at 934. DENIED WITHOUT PREDUICE.
GRIFFIN, THOMPSON and MONACO, JJ., concur.