Sesler v. State

675 So. 2d 713, 1996 Fla. App. LEXIS 6852, 1996 WL 354623
District Court of Appeal of Florida·Decided June 28, 1996·No. No. 96-1099·Published

Opinion

PER CURIAM.

The summary denial of the defendant’s Rule 3.850 motion seeking a belated appeal based on ineffective assistance of trial counsel in failing to file a timely notice of appeal is reversed and remanded for the trial court to either attach portions of the record which conclusively refute the defendant’s claim or hold an evidentiary hearing to determine the merits of the claim. Stephenson v. State, 655 So.2d 86 (Fla.1995); State v. District Court of Appeal, First District, 569 So.2d 439 (Fla. 1990).

REVERSED AND REMANDED.

DAUKSCH, HARRIS and ANTOON, JJ., concur.

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Sesler v. State, 675 So. 2d 713, 1996 Fla. App. LEXIS 6852, 1996 WL 354623 (Fla. Ct. App. 1996).

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Related

State v. Dist. Ct. of Appeal, First Dist.
569 So. 2d 439 (Supreme Court of Florida, 1990)
Stephenson v. State
655 So. 2d 86 (Supreme Court of Florida, 1995)