Opinion
No. 96-1099.
June 28, 1996.
Appeal from the Circuit Court for Sumter County, John W. Booth, Judge.
Mac V. Sesler, Lake Butler, Pro Se.
Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appellee.
The summary denial of the defendant's Rule 3.850 motion seeking a belated appeal based on ineffective assistance of trial counsel in failing to file a timely notice of appeal is reversed and remanded for the trial court to either attach portions of the record which conclusively refute the defendant's claim or hold an evidentiary hearing to determine the merits of the claim. Stephenson v. State, 655 So.2d 86 (Fla. 1995); State v. District Court of Appeal, First District, 569 So.2d 439 (Fla. 1990).
REVERSED AND REMANDED.
DAUKSCH, HARRIS and ANTOON, JJ., concur.