HAYES v. STATE

No. 5D05-18.

896 So.2d 974 (2005)

Tony HAYES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 1, 2005.


Attorney(s) appearing for the Case

Tony Hayes, Milton, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Appellant challenges the lower court's order that summarily denied his petition for writ of habeas corpus wherein he sought permission to file a belated motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850(b)(3). The trial court denied the petition based upon the mistaken belief that Appellant was seeking to challenge his original sentence imposed 15 years earlier. In fact, the belated motion Appellant sought to file relates...

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