Sadler v. State
This text of 799 So. 2d 1091 (Sadler 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
Sam Sadler appeals the trial court’s summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We treat Sadler’s motion as a petition for writ of habeas corpus seeking leave to file a belated postconviction motion and reverse. On remand the trial court shall conduct an evidentiary hearing to determine whether Sadler retained counsel to timely file a rule 3.850 motion and whether counsel failed to timely file such a motion. See Steele v. Kehoe, 747 So.2d 931 (Fla.1999).
Reversed and remanded.
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Cite This Page — Counsel Stack
799 So. 2d 1091, 2001 Fla. App. LEXIS 15163, 2001 WL 1295410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sadler-v-state-fladistctapp-2001.