Viveros v. State

District Court of Appeal of Florida

Viveros v. State

802 So. 2d 1166, 2001 Fla. App. LEXIS 16659, 2001 WL 1504188

CourtDistrict Court of Appeal of Florida

DecidedNovember 28, 2001

DocketNo. 4D01-3070

StatusPublished

This text of 802 So. 2d 1166 (Viveros 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.

Bluebook

Viveros v. State, 802 So. 2d 1166, 2001 Fla. App. LEXIS 16659, 2001 WL 1504188 (Fla. Ct. App. 2001).

Pincite

Opinion

PER CURIAM.

We reverse the trial court’s order denying appellant’s petition for writ of habeas corpus for belated motion for postconviction relief.

On remand the trial court shall conduct an evidentiary hearing to determine whether appellant retained counsel to timely file a rule 3.850 motion and whether counsel failed to timely file such a motion. See Medrano v. State, 748 So.2d 986 (Fla.1999); Steele v. Kehoe, 747 So.2d 931 (Fla.1999); Krasnick v. State, 780 So.2d 1045 (Fla. 4th DCA 2001).

REVERSED AND REMANDED.

STEVENSON, GROSS and TAYLOR, JJ., concur.

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