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Latson v. State

District Court of Appeal of Florida, Fourth District
Sep 12, 2007
963 So. 2d 983 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D06-2050.

September 12, 2007.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case No. 01-5279 CFB02.

Robert L. Latson, Miami, pro se.

Bill McCollum, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.


Robert Lee Latson appeals an order summarily denying his petition for writ of habeas corpus, wherein he sought to file a belated rule 3.850 motion as a consequence of appellate counsel's failure to inform him of the outcome of his direct appeal and of his right to postconviction relief. We reverse the summary denial and remand the matter to the trial court with instructions that the trial court hold an evidentiary hearing on Latson's claim that his appellate lawyer failed to advise him of the outcome of his appeal and, should the trial court find Latson's claims supported and credible, that the court permit Latson to file a belated rule 3.850 motion. See Brimage v. State, 937 So.2d 230 (Fla. 3d DCA 2006).

Reversed and Remanded.

SHAHOOD, C.J., WARNER and STEVENSON, JJ., concur.


Summaries of

Latson v. State

District Court of Appeal of Florida, Fourth District
Sep 12, 2007
963 So. 2d 983 (Fla. Dist. Ct. App. 2007)
Case details for

Latson v. State

Case Details

Full title:Robert L. LATSON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 12, 2007

Citations

963 So. 2d 983 (Fla. Dist. Ct. App. 2007)

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