ALVIN WESLEY MCLEOD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 1991-10-17
No. 91-1762
GRIFFIN and DIAMANTIS, JJ., concur.
586 So. 2d 1351 Florida District Court of Appeal, Fifth District (1991) Positive Treatment
Cited by 8 cases

Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is a habeas petition seeking a belated appeal of the denial of a motion for relief under Florida Rule of Criminal Procedure 3.850. We grant the belated appeal. Petitioner alleges in the Rule 3.850 motion that he was denied his right to appeal through ineffectiveness of counsel. This allegation, if true, may entitle petitioner to a belated appeal. The order denying the motion is reversed and this cause is remanded for an evidentiary hearing to determine if appellant’s appeal rights were abridged.

REVERSED and REMANDED.

GRIFFIN and DIAMANTIS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lynwood Williams v. State, 777 So. 2d 947 (Fla. 2000)
    …for an evidentiary hearing on petitioner's claim that postconviction counsel was ineffective for failing to file timely notice of appeal as requested and failing to advise petitioner of trial court's order denying his 3.850 motion); McLeod v. State, 586 So. 2d 1351 (Fla. 5th DCA 1991) (remanding for evidentiary hearing to determine if petitioner, who claimed he was denied his right to appeal the denial of a 3.850 motion due to ineffectiveness of counsel, was entitled to a belated appeal). . In Steele we amend…
  • Diaz v. State, 724 So. 2d 595 (Fla. 2d DCA 1998)
    …le of Criminal Procedure 3.850 motion for postconviction relief. Until recently Florida courts have granted relief in such circumstances upon a proper evidentia-ry basis. See e.g., Jones v. State, 642 So. 2d 121 (Fla. 5th DCA 1994); McLeod v. State, 586 So. 2d 1351 (Fla. 5th DCA 1991). Our supreme court, however, recently stated that such relief was inappropriate in the postcon-vietion setting. See Lambrix v. State, 698 So. 2d 247, 248 (Fla.1996), cert. denied, — U.S. —, 118 S.Ct. 1064, 140 L.Ed.2d 125 (1998).…
  • Davis v. State, 706 So. 2d 54 (Fla. 5th DCA 1998)
    …RMED. PETERSON and THOMPSON, JJ., concur. . See Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991); Lambrix v. State, 698 So. 2d 247 (Fla.1996). But see Jones v. State, 642 So. 2d 121 (Fla. 5th DCA 1994); McLeod v. State, 586 So. 2d 1351 (Fla. 5th DCA 1991); Smith v. State, 545 So. 2d 423 (Fla. 4th DCA 1989); Madden v. State, 535 So. 2d 636 (Fla. 5th DCA 1988).…

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