Aikens v. State

678 So. 2d 5, 1996 Fla. App. LEXIS 8343, 1996 WL 441649
District Court of Appeal of Florida·Decided August 7, 1996·No. No. 95-1993·Published

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

678 So. 2d 5 (Aikens v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Faircloth v. State
661 So. 2d 1292 (District Court of Appeal of Florida, 1995)