AIKENS v. STATE

No. 95-1993.

678 So.2d 5 (1996)

Frederick AIKENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 7, 1996.


Attorney(s) appearing for the Case

Frederick Aikens, Zephyrhills, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We reverse that part of the order of May 2, 1995, which summarily denied Appellant's claim for belated appeal. Appellant asserts that his lawyer failed to file a notice of appeal, ignoring Appellant's requests that she do so. The allegation states a legally sufficient claim. Faircloth v. State, 661 So.2d 1292 (Fla. 4th DCA 1995). Therefore, as to that issue, we remand for an evidentiary

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