Postell v. State

656 So. 2d 969, 1995 Fla. App. LEXIS 7158, 1995 WL 385424
District Court of Appeal of Florida·Decided June 30, 1995·No. No. 95-1395·Published·Cited by 1 cases

Opinion

DAUKSCH, Judge.

This is an appeal from a summary denial of a motion for post-conviction relief. Appellant seeks a belated appeal because his lawyer allegedly failed to file a requested notice of appeal.

Because the petition sets out grounds for relief, a hearing to determine the facts is required. The summary denial is reversed and this cause remanded for hearing.

REVERSED and REMANDED.

HARRIS, C.J., and W. SHARP, J., concur.

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Postell v. State, 656 So. 2d 969, 1995 Fla. App. LEXIS 7158, 1995 WL 385424 (Fla. Ct. App. 1995).

656 So. 2d 969 (Postell v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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