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Feagin v. State

902 So. 2d 851, 2005 Fla. App. LEXIS 6020, 2005 WL 957927
CourtDistrict Court of Appeal of Florida
DecidedApril 27, 2005
DocketNo. 4D04-4633
StatusPublished

This text of 902 So. 2d 851 (Feagin 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.

Bluebook
Feagin v. State, 902 So. 2d 851, 2005 Fla. App. LEXIS 6020, 2005 WL 957927 (Fla. Ct. App. 2005).

Opinion

PER CURIAM.

Linell Feagin seeks review of an order that denied his request to file a belated motion for postconviction relief. We reverse and remand as Feagin’s request is legally sufficient. On remand, the trial court shall conduct an evidentiary hearing to determine whether Feagin retained counsel to timely file a rule 3.850 motion, and whether counsel failed to timely file such a motion. See Moss v. State, 881 So.2d 698 (Fla. 4th DCA 2004); Quigley v. State, 848 So.2d 382 (Fla. 4th DCA), rev. denied, 861 So.2d 431 (Fla.2003).

KLEIN, HAZOURI and MAY, JJ., concur.

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Related

Quigley v. State
848 So. 2d 382 (District Court of Appeal of Florida, 2003)
Moss v. State
881 So. 2d 698 (District Court of Appeal of Florida, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
902 So. 2d 851, 2005 Fla. App. LEXIS 6020, 2005 WL 957927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feagin-v-state-fladistctapp-2005.