Hull v. State
This text of 676 So. 2d 470 (Hull 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.
Opinion
Charles R. Hull appeals fi’om the summary denial of his 3.850 post conviction motion. [471]*471Hull’s motion and attached memorandum of law raise nine issues. We need to address only one.
Although Hull asserted in his motion that he had requested his counsel to file a notice of appeal, Hull failed to allege that he made this request in a timely fashion. This omission was cured, however, by the accompanying sworn memorandum wherein Hull did allege a timely request. Consequently, on this claim, Hull is entitled to further action on remand.
Accordingly, we reverse and remand on this point only, and affirm as to all remaining issues.
AFFIRMED in part; REVERSED in part; REMANDED.
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Cite This Page — Counsel Stack
676 So. 2d 470, 1996 Fla. App. LEXIS 6041, 1996 WL 303069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hull-v-state-fladistctapp-1996.