District Court of Appeal of Florida

Denial of motion for postconviction relief is reversed and remanded with instructions to treat the motion as a habeas corpus petition where counsel had an obligation to notify the defendant of the disposition of his appeal, but the defendant was not notified until the time for filing a Rule 3.850 motion had expired.

Appellate Information

• Decided 09/01/2006
• Published 09/01/2006

Judges

• COPE, C.J., Before COPE, C.J., and GERSTEN and SUAREZ, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Bennett H. Brummer, Public Defender, and Leslie Scalley, Assistant Public Defender, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, and Lucretia A. Pitts, Assistant Attorney General, for appellee.