Latson v. State

District Court of Appeal of Florida

Latson v. State

963 So. 2d 983, 2007 Fla. App. LEXIS 14262, 2007 WL 2609436

CourtDistrict Court of Appeal of Florida

DecidedSeptember 12, 2007

DocketNo. 4D06-2050

StatusPublished

Cited by1 cases

This text of 963 So. 2d 983 (Latson 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

Latson v. State, 963 So. 2d 983, 2007 Fla. App. LEXIS 14262, 2007 WL 2609436 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

Robert Lee Latson appeals an order summarily denying his petition for writ of habeas corpus, wherein he sought to file a belated rule 3.850 motion as a consequence of appellate counsel’s failure to inform him of the outcome of his direct appeal and of his right to postconviction relief. We reverse the summary denial and remand the matter to the trial court with instructions that the trial court hold an evidentiary hearing on Latsoris claim that his appellate lawyer failed to advise him of the outcome of his appeal and, should the trial court find Latsoris claims supported and credible, that the court permit Latson to file a belated rule 3.850 motion. See Brimage v. State, 937 So.2d 230 (Fla. 3d DCA 2006).

Reversed and Remanded.

SHAHOOD, C.J., WARNER and STEVENSON, JJ., concur.

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PER CURIAM.

Robert Lee Latson appeals an order summarily denying his petition for writ of habeas corpus, wherein he sought to file a belated rule 3.850 motion as a consequence of appellate counsel’s failure to inform him of the outcome of his direct appeal and of his right to postconviction relief. We reverse the summary denial and remand the matter to the trial court with instructions that the trial court hold an evidentiary hearing on Latsoris claim that his appellate lawyer failed to advise him of the outcome of his appeal and, should the trial court find Latsoris claims supported and credible, that the court permit Latson to file a belated rule 3.850 motion. See Brimage v. State, 937 So.2d 230 (Fla. 3d DCA 2006).

Reversed and Remanded.

SHAHOOD, C.J., WARNER and STEVENSON, JJ., concur.

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Bluebook (online)

963 So. 2d 983, 2007 Fla. App. LEXIS 14262, 2007 WL 2609436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/latson-v-state-fladistctapp-2007.

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