Aikens v. State

District Court of Appeal of Florida

Aikens v. State

678 So. 2d 5, 1996 Fla. App. LEXIS 8343, 1996 WL 441649

CourtDistrict Court of Appeal of Florida

DecidedAugust 7, 1996

DocketNo. 95-1993

StatusPublished

This text of 678 So. 2d 5 (Aikens v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aikens v. State, 678 So. 2d 5, 1996 Fla. App. LEXIS 8343, 1996 WL 441649 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

We reverse that part of the order of May 2, 1995, which summarily denied Appellant’s claim for belated appeal. Appellant asserts that his lawyer failed to file a notice of appeal, ignoring Appellant’s requests that she do so. The allegation states a legally sufficient claim. Faircloth v. State, 661 So.2d 1292 (Fla. 4th DCA 1995). Therefore, as to that issue, we remand for an evidentia[6]*6ry hearing. As to all other issues raised in Appellant’s 3.850 petition, we affirm.

STONE, FARMER and STEVENSON, JJ., concur.

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PER CURIAM.

We reverse that part of the order of May 2, 1995, which summarily denied Appellant’s claim for belated appeal. Appellant asserts that his lawyer failed to file a notice of appeal, ignoring Appellant’s requests that she do so. The allegation states a legally sufficient claim. Faircloth v. State, 661 So.2d 1292 (Fla. 4th DCA 1995). Therefore, as to that issue, we remand for an evidentia[6]*6ry hearing. As to all other issues raised in Appellant’s 3.850 petition, we affirm.

STONE, FARMER and STEVENSON, JJ., concur.

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678 So. 2d 5, 1996 Fla. App. LEXIS 8343, 1996 WL 441649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aikens-v-state-fladistctapp-1996.

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