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Florida District Courts of Appeal, 1995

Postell v. State

Postell v. State
Florida District Courts of Appeal · Decided June 30, 1995 · Dauksch, Harris, Sharp
656 So. 2d 969; 1995 Fla. App. LEXIS 7158; 1995 WL 385424 (Southern Reporter, Second Series)

Postell v. State

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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