Merrell v. State

Full title: GARY OBLE MERRELL, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 10, 1994

635 So. 2d 1086 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2261.

May 10, 1994.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Leonard E. Glick, Judge.

Gary Oble Merrell, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before NESBITT, COPE and GODERICH, JJ.

PER CURIAM.

In light of Woolbright v. State, 606 So.2d 379 (Fla. 1st DCA 1992), we reverse the denial of the 3.850 motion and remand for an evidentiary hearing on the issue of whether the facts demonstrate that the defendant requested the trial counsel to file a notice of appeal.

Reversed and remanded.