WILLIE JAMES POSTELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE JAMES POSTELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
656 So. 2d 969
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 1 case
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a summary denial of a motion for post-conviction relief. Appellant seeks a belated appeal because his lawyer allegedly failed to file a requested notice of appeal.
Because the petition sets out grounds for relief, a hearing to determine the facts is required. The summary denial is reversed and this cause remanded for hearing.
REVERSED and REMANDED.
HARRIS, C.J., and W. SHARP, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Collins v. Honorable Bob Anderson Mitcham, 660 So. 2d 347 (Fla. 2d DCA 1995)…o file a notice of appeal from his conviction and sentence, the trial court shall conduct further proceedings, including an evidentiary hearing if necessary, to conclusively determine the [*348] merits of Collins’ claim. See, e.g., Postell v. State, 656 So. 2d 969 (Fla. 5th DCA 1995). Collins may appeal the result within thirty days of the date of rendition of that order. Petition granted, case treated as a postcon-viction appeal and reversed and remanded for further proceedings. PARKER, A.C.J., and BLUE…