Opinion
No. 4D04-4633.
April 27, 2005. Rehearing Denied June 21, 2005.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case No. 93-3739 CFA02.
Bernard F. Daley, Tallahassee, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.
Linell Feagin seeks review of an order that denied his request to file a belated motion for postconviction relief. We reverse and remand as Feagin's request is legally sufficient. On remand, the trial court shall conduct an evidentiary hearing to determine whether Feagin retained counsel to timely file a rule 3.850 motion, and whether counsel failed to timely file such a motion. See Moss v. State, 881 So.2d 698 (Fla. 4th DCA 2004); Quigley v. State, 848 So.2d 382 (Fla. 4th DCA), rev. denied, 861 So.2d 431 (Fla. 2003).
KLEIN, HAZOURI and MAY, JJ., concur.