WILLIAM J. PARRIMON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1999-07-07
No. 99-01028
ALTENBERND, A.C.J., and WHATLEY and SALCINES, JJ., Concur.
736 So. 2d 152 Florida District Court of Appeal, Second District (1999)


Opinion of the Court
PER CURIAM.

PER CURIAM.

William Parrimon appeals the denial of his motion for leave to file a belated motion for postconviction relief. Because we find that Parrimon’s claim is not procedurally barred and that it states a preliminary basis for relief, we reverse and remand. See Ward v. Dugger, 508 So. 2d 778 (Fla. 1st DCA 1987) (finding that a prisoner might be entitled to file a belated motion for postconviction relief if the actions of her attorney in failing to provide necessary records frustrated her intention to file such a motion in a timely manner); Steele v. Kehoe, — So. 2d -, 1999 WL 343071, 24 Fla. L. Weekly S237 (Fla. May 27, 1999). On remand the trial court shall treat Parrimon’s motion as a petition for writ of habeas corpus and proceed according to Ward and Steele.

Reversed and remanded.

ALTENBERND, A.C.J., and WHATLEY and SALCINES, JJ., Concur.


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