Florida District Courts of Appeal, 2001

Descally v. State

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)

Descally v. State

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Motion for rehearing granted; prior decision withdrawn; remanded for evidentia-ry hearing.

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