Descally v. State
Florida District Courts of Appeal
Descally v. State, 792 So. 2d 1222 (2001)
2001 Fla. App. LEXIS 12123; 2001 WL 980809
Fletcher, Green, Levy
Descally v. State
Opinion of the Court
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Motion for rehearing granted; prior decision withdrawn; remanded for evidentia-ry hearing.
Reference
- Full Case Name
- Paul DESCALLY v. The STATE of Florida
- Cited By
- 2 cases
- Status
- Published