Florida District Courts of Appeal, 2001

Descally v. State

Florida District Courts of Appeal · Decided August 29, 2001 · Fletcher, Green, Levy

792 So. 2d 1222; 2001 Fla. App. LEXIS 12123; 2001 WL 980809 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Balvin v. State (Fla. Dist. Ct. App. 2006)
Suntrust Bank v. Riverside Nat. Bank (Fla. Dist. Ct. App. 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Paul Descally moves for rehearing of our previous affirmance of denial of post-conviction relief. We grant the motion for rehearing, withdraw the previous opinion, and remand for an evidentiary hearing to determine whether Descally may belatedly petition for post-conviction relief where he was incarcerated in Federal prison and allegedly deprived of access to Florida legal materials or whether he was represented by counsel during the two-year statutory period for pursuing post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure (2000). See Ballester v. State, 781 So.2d 503 (Fla. 3d DCA 2001).

Motion for rehearing granted; prior decision withdrawn; remanded for evidentia-ry hearing.

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