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.