MIMS v. STATE

No. 99-52.

742 So.2d 516 (1999)

Tony MIMS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

October 15, 1999.


Attorney(s) appearing for the Case

Tony Mims, pro se, petitioner.

Robert A. Butterworth, Attorney General, and Sherri Tolar Rollison, Assistant Attorney General, Tallahassee, for respondent.


PER CURIAM.

Tony Mims petitioned this court for a belated appeal, asserting under oath that he timely asked his trial counsel to file a notice of appeal and that request was not honored. In accordance with Schubert v. State, 737 So.2d 1102 Fla. 1st DCA 1998), the State obtained a sworn statement from counsel that Mims did not ask him to appeal. This court relinquished jurisdiction with instructions that an evidentiary hearing...

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