POSTELL v. STATE

No. 95-1395.

656 So.2d 969 (1995)

Willie James POSTELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 30, 1995.


Attorney(s) appearing for the Case

Willie J. Postell, Bristol, pro se.

No appearance for appellee.


DAUKSCH, Judge.

This is an appeal from a summary denial of a motion for post-conviction relief. Appellant seeks a belated appeal because his lawyer allegedly failed to file a requested notice of appeal.

Because the petition sets out grounds for relief, a hearing to determine the facts is required. The summary denial is reversed and this cause remanded for hearing.

REVERSED and REMANDED.

HARRIS, C.J., and W. SHARP...

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