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QUIGLEY v. STATE

No. 4D99-0653.

753 So.2d 764 (2000)

James J. QUIGLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 22, 2000.

Attorney(s) appearing for the Case

James J. Quigley, Punta Gorda, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Simone P. Firley, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse the trial court's order dismissing appellant's petition for writ of habeas corpus. We remand to the trial court for a hearing as to whether appellant retained counsel to timely file a 3.850 motion and whether counsel failed to timely file such a motion. See Medrano v. State, 748 So.2d 986 (Fla. 1999); Steele v. Kehoe, 747 So.2d 931 (Fla.1999).

GROSS...

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