CARTER v. STATE

No. 95-2895.

668 So.2d 294 (1996)

Tavares Antonio CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 20, 1996.


Attorney(s) appearing for the Case

Tavares Antonio Carter, pro se.

No appearance for Appellee.


PER CURIAM.

In Tavares Carter's appeal from the trial court's summary denial of his motion for post-conviction relief, he contends the trial court erroneously held that he failed to allege he had timely asked his attorney to file an appeal. We agree with appellant and reverse and remand.

In the argument portion of his sworn motion, Carter alleged that "he made a timely request for appeal, and that counsel failed to honor it." Because Carter verified that the...

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