ROBERT L. LATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Robert Lee Latson appeals an order summarily denying his petition for writ of habeas corpus, wherein he sought to file a belated rule 3.850 motion as a consequence of appellate counsel’s failure to inform him of the outcome of his direct appeal and of his right to postconviction relief. We reverse the summary denial and remand the matter to the trial court with instructions that the trial court hold an evidentiary hearing on Latsoris claim that his appellate lawyer failed to advise him of the outcome of his appeal and, should the trial court find Latsoris claims supported and credible, that the court permit Latson to file a belated rule 3.850 motion. See Brimage v. State, 937 So. 2d 230 (Fla. 3d DCA 2006).
Reversed and Remanded.
SHAHOOD, C.J., WARNER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Robeson v. State, 100 So. 3d 284 (Fla. 3d DCA 2012)…is information with the exercise of due diligence within the statutory two-year time limit. Should the trial court find Robeson’s claims supported and credible, the court shall permit Robeson to file a belated rule 3.850 motion. See Latson v. State, 963 So. 2d 983 (Fla. 4th DCA 2007); Brimage, 937 So. 2d at 230. Reversed and remanded for an eviden-tiary hearing. . SAPD Reiser does not contradict Robeson's assertion that he did not receive any notice; the record before us contains a copy of the letter he sen…
Authorities Cited
- Brimage v. State, 937 So. 2d 230 (Fla. 3d DCA 2006)