Descally v. State

District Court of Appeal of Florida

Descally v. State

792 So. 2d 1222, 2001 Fla. App. LEXIS 12123, 2001 WL 980809

District Court of Appeal of Florida·Decided August 29, 2001·No. No. 3D00-3113·Published·Cited by 2 cases

Opinion

PER CURIAM.

Paul Descally moves for rehearing of our previous affirmance of denial of post-conviction relief. We grant the motion for rehearing, withdraw the previous opinion, and remand for an evidentiary hearing to determine whether Descally may belatedly petition for post-conviction relief where he was incarcerated in Federal prison and allegedly deprived of access to Florida legal materials or whether he was represented by counsel during the two-year statutory period for pursuing post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure (2000). See Ballester v. State, 781 So.2d 503 (Fla. 3d DCA 2001).

Motion for rehearing granted; prior decision withdrawn; remanded for evidentia-ry hearing.

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PER CURIAM.

Paul Descally moves for rehearing of our previous affirmance of denial of post-conviction relief. We grant the motion for rehearing, withdraw the previous opinion, and remand for an evidentiary hearing to determine whether Descally may belatedly petition for post-conviction relief where he was incarcerated in Federal prison and allegedly deprived of access to Florida legal materials or whether he was represented by counsel during the two-year statutory period for pursuing post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure (2000). See Ballester v. State, 781 So.2d 503 (Fla. 3d DCA 2001).

Motion for rehearing granted; prior decision withdrawn; remanded for evidentia-ry hearing.

Descally v. State, 792 So. 2d 1222, 2001 Fla. App. LEXIS 12123, 2001 WL 980809 (Fla. Ct. App. 2001).

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