Opinion
No. 91-2200.
November 13, 1991.
Appeal of order denying rule 3.850 motion from the Circuit Court for Martin County; Larry Schack, Judge.
Vincent Dortch, pro se.
Bruce H. Colton, State Atty. and E. Louis Stern, Asst. State Atty., Stuart, for appellee.
ON MOTION FOR REHEARING
We grant appellant's motion for rehearing and substitute the following for our opinion of September 4, 1991:
We reverse the trial court's summary denial of appellant's motion for post conviction relief. We also remand for the trial court to determine whether appellant requested his attorney to file an appeal. The trial court may conduct an evidentiary hearing to resolve that issue or attach that portion of the record which negates appellant's sworn response that he requested an appeal.
REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
ANSTEAD, GARRETT and FARMER, JJ., concur.