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SADLER v. STATE

No. 2D01-2275.

799 So.2d 1091 (2001)

Sam SADLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 26, 2001.

THREADGILL, Judge.

Sam Sadler appeals the trial court's summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We treat Sadler's motion as a petition for writ of habeas corpus seeking leave to file a belated postconviction motion and reverse. On remand the trial court shall conduct an evidentiary hearing to determine whether Sadler retained counsel to timely file a rule 3.850 motion and whether counsel failed...

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