LEWIS v. STATE (2006)

District Court of Appeal of Florida,Third District.

Troy LEWIS, Appellant, v. The STATE of Florida, Appellee.

No. 3D05-2568.

Decided: January 11, 2006

Before GERSTEN, GREEN, RAMIREZ, JJ.

Troy Lewis, in proper person. Charles J. Crist, Jr., Attorney General, and Olga L. Villa, Assistant Attorney General, for appellee.

This is a petition for belated appeal of an order denying appellant Troy Lewis' motion to correct sentence. Because Lewis' entitlement to a belated appeal depends upon a determination of a disputed factual issue, we remand this cause to the trial court for an evidentiary hearing as to whether Lewis requested his trial counsel to file an appeal in accordance with State v. Trowell, 739 So.2d 77 (Fla.1999).

Reversed and remanded with instructions.

PER CURIAM.

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