Opinion
No. 1D08-6042.
March 31, 2009.
An appeal from the Circuit Court for Duval County. L.P. Haddock, Judge.
Andrew Williams, pro se, Appellant.
Bill McCollum, Attorney General, Tallahassee, for Appellee.
The order denying the appellant's motion to file a belated motion for postconviction relief is reversed. The case is remanded for a hearing to determine the validity of the appellant's claim that counsel failed to file a timely postconviction motion. See Steele v. Kehoe, 747 So.2d 931 (Fla. 1999); Perez v. State, 864 So.2d 1245, 1246 (Fla. 5th DCA 2004).
REVERSED.
HAWKES, C.J., VAN NORTWICK and BROWNING, JJ., concur.