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Florida District Courts of Appeal, 2001

Viveros v. State

Viveros v. State
Florida District Courts of Appeal · Decided November 28, 2001 · Gross, Stevenson, Taylor
802 So. 2d 1166; 2001 Fla. App. LEXIS 16659; 2001 WL 1504188 (Southern Reporter, Second Series)

Viveros v. State

Opinion of the Court

PER CURIAM.

We reverse the trial court’s order denying appellant’s petition for writ of habeas corpus for belated motion for postconviction relief.

On remand the trial court shall conduct an evidentiary hearing to determine whether appellant retained counsel to timely file a rule 3.850 motion and whether counsel failed to timely file such a motion. See Medrano v. State, 748 So.2d 986 (Fla. 1999); Steele v. Kehoe, 747 So.2d 931 (Fla. 1999); Krasnick v. State, 780 So.2d 1045 (Fla. 4th DCA 2001).

REVERSED AND REMANDED.

STEVENSON, GROSS and TAYLOR, JJ., concur.

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

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