Osterback v. State

596 So. 2d 1222, 1992 Fla. App. LEXIS 4145, 1992 WL 70147

Opinion

GOSHORN, Chief Judge.

This appeal is from an order summarily denying a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The appellant seeks a belated appeal alleging that his trial counsel ineffectively assisted him by failing to bring an appeal despite the appellant’s timely request. We reverse and remand to the trial court for an evidentiary hearing to determine whether the appellant made a timely request to his public defender to file a notice of appeal. See State v. Meyer, 430 So.2d 440, 443 (Fla.1983); see also Viqueira v. Roth, 591 So.2d 1147, 1148 (Fla. 3d DCA 1992); Turner v. State, 588 So.2d 1042, 1045 (Fla. 5th DCA 1991); Bridges v. Dugger, 518 So.2d 298, 299 (Fla. 2d DCA 1987).

REVERSED and REMANDED.

W. SHARP and GRIFFIN, JJ., concur.