
    Brian M. TUCKER, Appellant, v. STATE of Florida, Appellee.
    No. 99-301.
    District Court of Appeal of Florida, First District.
    Aug. 3, 1999.
    Appellant, pro se.
    Robert A. Butterworth, Attorney General; Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.
   PER CURIAM.

Brian Tucker (Tucker) seeks review of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The trial judge correctly denied Tucker’s motion on the merits.

We also treat the instant motion as a petition for a belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j), and grant the motion. See State v. Trowell, 24 Fla. L. Weekly S235, 739 So.2d 77 (Fla.1999).

ERVIN, LAWRENCE and BROWNING, JJ., CONCUR.  