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IN RE AMENDMENTS TO FL. RULE OF CRIM. PROC. 3.851

No. SC08-1833.

1 So.3d 163 (2008)

In re AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.851 AND FLORIDA RULE OF APPELLATE PROCEDURE 9.142.

Supreme Court of Florida.

December 30, 2008.

Attorney(s) appearing for the Case

Judge Thomas H. Bateman, III, Chair, Florida Criminal Procedure Rules Committee, Second Judicial Circuit, Quincy, FL, and Jodi Beth Jennings, Bar Liaison, The Florida Bar, Tallahassee, FL; and John S. Mills, Chair, Florida Appellate Court Rules Committee, Jacksonville, FL, and Krys Godwin, Bar Liaison, The Florida Bar, Tallahassee, FL, for Petitioner.

PER CURIAM.

Upon its own motion, the Court amends Florida Rule of Criminal Procedure 3.851 and Florida Rule of Appellate Procedure 9.142.1 In doing so, we clarify that, as is the case with rule 3.850, belated appeals may under specifically narrow circumstances be sought from the denial of rule 3.851 relief.

The counterpart to rule 3.851, rule 3.850, provides for postconviction relief in noncapital cases and, under subdivision ...

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