IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
JANUARY TERM 2005
Case No. 5D05-1011
STATE OF FLORIDA,
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.
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.