Florida District Courts of Appeal, 2001

Sadler v. State

Sadler v. State
Florida District Courts of Appeal · Decided October 26, 2001 · Blue, Davis, Threadgill
799 So. 2d 1091; 2001 Fla. App. LEXIS 15163; 2001 WL 1295410 (Southern Reporter, Second Series)

Sadler v. State

Opinion of the Court

THREADGILL, Judge.

Sam Sadler appeals the trial court’s summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We treat Sadler’s motion as a petition for writ of habeas corpus seeking leave to file a belated postconviction motion and reverse. On remand the trial court shall conduct an evidentiary hearing to determine whether Sadler retained counsel to timely file a rule 3.850 motion and whether counsel failed to timely file such a motion. See Steele v. Kehoe, 747 So.2d 931 (Fla. 1999).

Reversed and remanded.

BLUE, C.J., and DAVIS, J., Concur.

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