Feagin v. State

902 So. 2d 851, 2005 Fla. App. LEXIS 6020, 2005 WL 957927
Procedural entryThis page is a short order in Feagin v. State. Read the opinion of the Court — 2006 Fla. App. LEXIS 16598
District Court of Appeal of Florida·Decided April 27, 2005·No. No. 4D04-4633·Published

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

902 So. 2d 851 (Feagin v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)