LINELL FEAGIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LINELL FEAGIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
902 So. 2d 851
Florida District Court of Appeal, Fourth District (2005)
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Leiva-Suazo v. State, 848 So. 2d 382 (Fla. 5th DCA 2003)
- Quigley v. State, 848 So. 2d 382 (Fla. 4th DCA 2003)
- Moss v. State, 881 So. 2d 698 (Fla. 4th DCA 2004)
- Kelsey Smith v. State, 881 So. 2d 698 (Fla. 1st DCA 2004)