Opinion
No. 3D00-3113.
August 29, 2001.
An appeal from the Circuit Court for Miami-Dade County, Scott J. Silverman, Judge.
Paul Descally, for appellant.
Robert A. Butterworth, Attorney General and Kristine Keaton, Assistant Attorney General, for appellee.
Before LEVY, GREEN, and FLETCHER, JJ.
Paul Descally moves for rehearing of our previous affirmance of denial of post-conviction relief. We grant the motion for rehearing, withdraw the previous opinion, and remand for an evidentiary hearing to determine whether Descally may belatedly petition for post-conviction relief where he was incarcerated in Federal prison and allegedly deprived of access to Florida legal materials or whether he was represented by counsel during the two-year statutory period for pursuing post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure (2000). See Ballester v. State, 781 So.2d 503 (Fla. 3d DCA 2001).
Motion for rehearing granted; prior decision withdrawn; remanded for evidentiary hearing.