Dortch v. State

Vincent DORTCH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 13, 1991.

District Court of Appeal of Florida · decided 1991-11-13

Cited by 5 later decisions — most recently May 1999

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1991-11-13

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¶1Vincent Dortch, pro se.

¶2Bruce H. Colton, State Atty. and E. Louis Stern, Asst. State Atty., Stuart, for appellee.

¶3

*343 ON MOTION FOR REHEARING

¶4PER CURIAM.

¶5We grant appellant's motion for rehearing and substitute the following for our opinion of September 4, 1991:

¶6We reverse the trial court's summary denial of appellant's motion for post conviction relief. We also remand for the trial court to determine whether appellant requested his attorney to file an appeal. The trial court may conduct an evidentiary hearing to resolve that issue or attach that portion of the record which negates appellant's sworn response that he requested an appeal.

¶7REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

¶8ANSTEAD, GARRETT and FARMER, JJ., concur.