CHAPPELL v. STATE

No. 97-1345.

696 So.2d 1366 (1997)

Efrim CHAPPELL, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

July 25, 1997.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Respondent.


PER CURIAM.

Efrim Chappell, seeking a belated appeal, petitions this court for a writ of habeas corpus. He claims that his trial counsel failed to file a notice of appeal even though he had requested one. His trial counsel claims that no such request was ever made.

Both the public defender and the attorney general agree that this court should appoint a commissioner to resolve the factual dispute in the instant case. We reach the same conclusion, as the Committee...

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