Florida District Courts of Appeal, 1992

Osterback v. State

Osterback v. State
Florida District Courts of Appeal · Decided April 10, 1992 · Goshorn, Griffin, Sharp
596 So. 2d 1222; 1992 Fla. App. LEXIS 4145; 1992 WL 70147 (Southern Reporter, Second Series)

Osterback v. State

Opinion of the Court

GOSHORN, Chief Judge.

This appeal is from an order summarily denying a motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. The appellant seeks a belated appeal alleging that his trial counsel ineffectively assisted him by failing to bring an appeal despite the appellant’s timely request. We reverse and remand to the trial *1223court for an evidentiary hearing to determine whether the appellant made a timely request to his public defender to file a notice of appeal. See State v. Meyer, 430 So.2d 440, 443 (Fla. 1983); see also Viqueira v. Roth, 591 So.2d 1147, 1148 (Fla. 3d DCA 1992); Turner v. State, 588 So.2d 1042, 1045 (Fla. 5th DCA 1991); Bridges v. Dugger, 518 So.2d 298, 299 (Fla. 2d DCA 1987).

REVERSED and REMANDED.

W. SHARP and GRIFFIN, JJ., concur.

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