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Nowlin v. State

District Court of Appeal of Florida, First District
May 17, 2000
763 So. 2d 1212 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-3870

Opinion filed May 17, 2000

An appeal from the Circuit Court for Escambia County, Joseph Q. Tarbuck, Judge.

Gary Mitchell Nowlin, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.


We reverse the trial court's summary denial of Nowlin's motion filed under Florida Rule of Criminal Procedure 3.850. On remand, the trial court should construe the motion as a petition for writ of habeas corpus, and hold an evidentiary hearing to determine whether attorney Leo Thomas at any time agreed to file a 3.850 motion for Nowlin and failed to timely do so. Steele v. Kehoe, 747 So.2d 931 (Fla. 1999).

ERVIN, VAN NORTWICK and BROWNING, JJ., CONCUR.


Summaries of

Nowlin v. State

District Court of Appeal of Florida, First District
May 17, 2000
763 So. 2d 1212 (Fla. Dist. Ct. App. 2000)
Case details for

Nowlin v. State

Case Details

Full title:GARY MITCHELL NOWLIN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 17, 2000

Citations

763 So. 2d 1212 (Fla. Dist. Ct. App. 2000)