Parrimon v. State

District Court of Appeal of Florida

Parrimon v. State

736 So. 2d 152, 1999 Fla. App. LEXIS 9051, 1999 WL 458126

CourtDistrict Court of Appeal of Florida

DecidedJuly 7, 1999

DocketNo. 99-01028

StatusPublished

This text of 736 So. 2d 152 (Parrimon 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.

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Parrimon v. State, 736 So. 2d 152, 1999 Fla. App. LEXIS 9051, 1999 WL 458126 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

William Parrimon appeals the denial of his motion for leave to file a belated motion for postconviction relief. Because we find that Parrimon’s claim is not procedurally barred and that it states a preliminary basis for relief, we reverse and remand. See Ward v. Dugger, 508 So.2d 778 (Fla. 1st DCA 1987) (finding that a prisoner might be entitled to file a belated motion for postconviction relief if the actions of her attorney in failing to provide necessary records frustrated her intention to file such a motion in a timely manner); Steele v. Kehoe, — So.2d -, 1999 WL 343071, 24 Fla. L. Weekly S237 (Fla. May 27, 1999). On remand the trial court shall [153]*153treat Parrimon’s motion as a petition for writ of habeas corpus and proceed according to Ward and Steele.

Reversed and remanded.

ALTENBERND, A.C.J., and WHATLEY and SALCINES, JJ., Concur.

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PER CURIAM.

William Parrimon appeals the denial of his motion for leave to file a belated motion for postconviction relief. Because we find that Parrimon’s claim is not procedurally barred and that it states a preliminary basis for relief, we reverse and remand. See Ward v. Dugger, 508 So.2d 778 (Fla. 1st DCA 1987) (finding that a prisoner might be entitled to file a belated motion for postconviction relief if the actions of her attorney in failing to provide necessary records frustrated her intention to file such a motion in a timely manner); Steele v. Kehoe, — So.2d -, 1999 WL 343071, 24 Fla. L. Weekly S237 (Fla. May 27, 1999). On remand the trial court shall [153]*153treat Parrimon’s motion as a petition for writ of habeas corpus and proceed according to Ward and Steele.

Reversed and remanded.

ALTENBERND, A.C.J., and WHATLEY and SALCINES, JJ., Concur.

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736 So. 2d 152, 1999 Fla. App. LEXIS 9051, 1999 WL 458126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parrimon-v-state-fladistctapp-1999.

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