Summary
remanding for evidentiary hearing to determine if petitioner, who claimed he was denied his right to appeal the denial of a 3.850 motion due to ineffectiveness of counsel, was entitled to a belated appeal
Summary of this case from Williams v. StateOpinion
No. 91-1762.
October 17, 1991.
Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.
Alvin Wesley McLeod, pro se.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for respondent.
This is a habeas petition seeking a belated appeal of the denial of a motion for relief under Florida Rule of Criminal Procedure 3.850. We grant the belated appeal. Petitioner alleges in the Rule 3.850 motion that he was denied his right to appeal through ineffectiveness of counsel. This allegation, if true, may entitle petitioner to a belated appeal. The order denying the motion is reversed and this cause is remanded for an evidentiary hearing to determine if appellant's appeal rights were abridged.
REVERSED and REMANDED.
GRIFFIN and DIAMANTIS, JJ., concur.