ANTONIO MOSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTONIO MOSS, APPELLANT,
STATE OF FLORIDA, APPELLEE
881 So. 2d 698
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse in part the trial court’s order denying the petition for writ of habeas corpus filed by Antonio Moss. Moss alleged a legally sufficient claim requesting permission to file a belated motion for postconviction relief. On remand, the trial court shall conduct an evidentiary hearing to determine whether Moss retained counsel to timely file a rule 3.850 motion, and whether counsel failed to timely file such a motion. See Medrano v. State, 748 So. 2d 986 (Fla.1999); Steele v. Kehoe, 747 So. 2d 931 (Fla.1999); Krasnick, v. State, 780 So. 2d 1045 (Fla. 4th DCA 2001).
KLEIN, STEVENSON and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Linell Feagin v. State, 902 So. 2d 851 (Fla. 4th DCA 2005)…quest 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.…
Authorities Cited
- Steele v. Kehoe, 747 So. 2d 931 (Fla. 1999)
- Acencion Medrano v. State, 748 So. 2d 986 (Fla. 1999)
- Krasnick v. State, 780 So. 2d 1045 (Fla. 4th DCA 2001)