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Florida District Courts of Appeal, 2003

Brady v. State

Brady v. State
Florida District Courts of Appeal · Decided May 14, 2003 · Fletcher, Nesbitt, Schwartz
844 So. 2d 772; 2003 Fla. App. LEXIS 7038; 2003 WL 21076705 (Southern Reporter, Second Series)
Brady v. State

Opinion of the Court

PER CURIAM.

Because the record does not refute appellant’s facially valid claim that he timely requested his attorney to file a post conviction motion, which his attorney failed to do, we reverse the trial court’s order denying his petition for writ of habeas corpus to file a belated Rule 3.850 motion. This case *773is remanded to the trial court for an evi-dentiary hearing on appellant’s petition.

Reversed and remanded.

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