HAMP GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HAMP GREEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
681 So. 2d 1215
Florida District Court of Appeal, Fifth District (1996)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
This is the appeal of the summary denial of a Rule 3.850 motion for post-conviction relief on multiple grounds. The appeal would have been untimely, but the state concedes that because the lower court failed to inform appellant in writing of his right to appeal within thirty days, the appeal must be treated as timely. The state also concedes that claims one and two of appellant’s motion were legally sufficient and could not be summarily denied without record support. We agree that the lower court has failed to do its work on this Rule 3.850 motion and, accordingly, we reverse and remand.
REVERSED and REMANDED.
GRIFFIN and THOMPSON, JJ., concur. DAUKSCH, J., concurs in result only.
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Dunbar v. State, 688 So. 2d 993 (Fla. 5th DCA 1997)…s denying Rule 3.850 motions must contain a statement that the defendant has thirty days in which to appeal. Fla. R.Crim.P. 3.850(g). Omission of this statement may entitle a defendant to a belated appeal of the order denying relief. Green v. State, 681 So. 2d 1215 (Fla. 5th DCA 1996). However, there is no such requirement for denials of Rule 3.800(a) motions. Simmons v. State, 684 So. 2d 860 (Fla. 5th DCA 1996); Jordan v. State, 549 So. 2d 805 (Fla. 1st DCA 1989). Petition for Writ of Habeas Corpus DENIED.…