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Brady v. State

844 So. 2d 772, 2003 Fla. App. LEXIS 7038, 2003 WL 21076705
Procedural entryThis page is a short order in Brady v. State. Read the opinion of the Court — 910 So. 2d 388 →
District Court of Appeal of Florida·Decided May 14, 2003·No. No. 3D02-2529·Published

Opinion

PER CURIAM.

Because the record does not refute appellant’s facially valid claim that he timely requested his attorney to file a post conviction motion, which his attorney failed to do, we reverse the trial court’s order denying his petition for writ of habeas corpus to file a belated Rule 3.850 motion. This case [773]*773is remanded to the trial court for an evi-dentiary hearing on appellant’s petition.

Reversed and remanded.

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Brady v. State, 844 So. 2d 772, 2003 Fla. App. LEXIS 7038, 2003 WL 21076705 (Fla. Ct. App. 2003).

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