NUNEZ-LEAL v. STATE

No. 2D12-5948.

129 So.3d 439 (2013)

Jorge Alberto NUNEZ-LEAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 18, 2013.


Attorney(s) appearing for the Case

Jorge Alberto Nunez-Leal, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Donna S. Koch , Assistant Attorney General, Tampa, for Appellee.


SILBERMAN, Judge.

Jorge Alberto Nunez-Leal appeals a final order, issued after evidentiary hearing, that denies his motion for postconviction relief on the basis that the motion is untimely and that the exception under Florida Rule of Criminal Procedure 3.850(b)(3) does not apply. Because Nunez-Leal was deprived of the opportunity to testify at the evidentiary hearing in violation of his right to due process, we reverse the order and remand for an evidentiary hearing...

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