TAVARES ANTONIO CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TAVARES ANTONIO CARTER, APPELLANT,
STATE OF FLORIDA, APPELLEE
668 So. 2d 294
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
In Tavares Carter’s appeal from the trial court’s summary denial of his motion for post-conviction relief, he contends the trial court erroneously held that he failed to allege he had timely asked his attorney to file an appeal. We agree with appellant and reverse and remand.
In the argument portion of his sworn motion, Carter alleged that “he made a timely request for appeal, and that counsel failed to honor it.” Because Carter verified that the facts in his motion were true and correct, these allegations sufficiently raised the issue. See Myers v. State, 539 So. 2d 525 (Fla. 1st DCA 1989); Courson v. State, 652 So. 2d 512 (Fla. 5th DCA 1995).
REVERSED and REMANDED for further proceedings.
ERVIN, MINER, and WEBSTER, JJ.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cole Augustus Urquhart v. State, 676 So. 2d 64 (Fla. 1st DCA 1996)…lly sufficient claim which attachments to order did not refute). A defendant’s allegation that he made a timely request for an appeal which his attorney failed to honor states a facially sufficient basis for post-conviction relief. Carter v. State, 668 So. 2d 294 (Fla. 1st DCA 1996)(allegations that counsel failed to honor defendant’s timely request for appeal were verified in motion as true and correct, thus allegations were sufficient to raise the issue); Pentecost v. State, 637 So. 2d 985 (Fla. 1st DCA 19…
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Turner v. State, 711 So. 2d 1321 (Fla. 5th DCA 1998)…See Edgerton v. State, 703 So. 2d 1249 (Fla. 5th DCA 1998). Driving on a suspended license and absence from an approved residence will sustain revocation of community control. See Jones v. State, 678 So. 2d 890 (Fla. 4th DCA 1996); Jacobs v. State, 668 So. 2d 294 (Fla. 1st DCA 1996). AFFIRMED. GRIFFIN, C.J., and W. SHARP, J., concur.…
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Hopkins v. State, 922 So. 2d 350 (Fla. 5th DCA 2006)…PER CURIAM. AFFIRMED. See State v. Carter, 835 So. 2d 259 (Fla.2002); Jones v. State, 678 So. 2d 890 (Fla. 4th DCA 1996); Jacobs v. State, 668 So. 2d 294 (Fla. 1st DCA 1996). THOMPSON, PALMER and MONACO, JJ., concur.…
Authorities Cited
- Myers v. State, 539 So. 2d 525 (Fla. 1st DCA 1989)
- Courson v. State, 652 So. 2d 512 (Fla. 5th DCA 1995)