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Howard v. State

District Court of Appeal of Florida, Fourth District
Jun 12, 1991
580 So. 2d 348 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2967.

June 12, 1991.

Appeal of order denying 3.850 motion from the Circuit Court for Martin County; John G. Ferris, Judge.

Simuel Howard, Olustee, pro se.

No appearance required for appellee.


We grant the appellant belated appeal on the ground that the trial court's order denying his rule 3.850 motion did not apprise him of the thirty-day period in which appeal must be filed. The order is affirmed as to appellant's grounds three and four alleged in his motion for post-conviction relief, and reversed and remanded to the trial court for an evidentiary hearing on grounds one and two, or for attachment to the order of denial of portions of the record that conclusively show that appellant is entitled to no relief.

AFFIRMED IN PART, REVERSED IN PART AND REMANDED.

LETTS, DELL and POLEN, JJ., concur.


Summaries of

Howard v. State

District Court of Appeal of Florida, Fourth District
Jun 12, 1991
580 So. 2d 348 (Fla. Dist. Ct. App. 1991)
Case details for

Howard v. State

Case Details

Full title:SIMUEL HOWARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 12, 1991

Citations

580 So. 2d 348 (Fla. Dist. Ct. App. 1991)