Florida District Courts of Appeal, 2002

Chicklis v. State

Chicklis v. State
Florida District Courts of Appeal · Decided July 24, 2002 · Gunther, Taylor, Warner
823 So. 2d 201; 2002 Fla. App. LEXIS 10302; 2002 WL 1626199 (Southern Reporter, Second Series)

Chicklis v. State

Opinion of the Court

PER CURIAM.

We reverse the trial court’s order denying Louis Chicklis’ petition for writ of ha-beas corpus for belated motion for post-conviction relief. On remand, the trial court shall conduct an evidentiary hearing to determine whether appellant retained counsel to timely file a Florida Rule of Criminal Procedure 3.850 motion and whether counsel failed to timely file such a motion. See Medrano v. State, 748 So.2d 986, 987 (Fla. 1999); Steele v. Kehoe, 747 So.2d 931, 934 (Fla. 1999); Krasnick v. State, 780 So.2d 1045, 1046 (Fla. 4th DCA 2001).

GUNTHER, WARNER and TAYLOR, JJ., concur.

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