Florida District Courts of Appeal, 2005

Feagin v. State

Feagin v. State
Florida District Courts of Appeal · Decided April 27, 2005 · Hazouri, Klein
902 So. 2d 851; 2005 Fla. App. LEXIS 6020; 2005 WL 957927 (Southern Reporter, Second Series)

Feagin v. State

Opinion of the Court

PER CURIAM.

Linell Feagin seeks review of an order that denied his request to file a belated motion for postconviction relief. We reverse and remand as Feagin’s request is legally sufficient. On remand, the trial court shall conduct an evidentiary hearing to determine whether Feagin retained counsel to timely file a rule 3.850 motion, and whether counsel failed to timely file such a motion. See Moss v. State, 881 So.2d 698 (Fla. 4th DCA 2004); Quigley v. State, 848 So.2d 382 (Fla. 4th DCA), rev. denied, 861 So.2d 431 (Fla. 2003).

KLEIN, HAZOURI and MAY, JJ., concur.

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