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REED v. STATE

No. 4D02-2501.

829 So.2d 965 (2002)

Willie Bud REED, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 30, 2002.

Attorney(s) appearing for the Case

Willie Bud Reed, Jr., Miami, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse in part the trial court's order denying Willie Bud Reed Jr.'s petition for writ of habeas corpus. Reed alleged a legally sufficient claim requesting permission to file a belated motion for postconviction relief. On remand the trial court shall conduct an evidentiary hearing to determine whether appellant retained counsel to timely file a rule 3.850 motion and whether counsel failed to timely file such...

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