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668 So. 2d 294

Carter v. State

District Court of Appeal of Florida

Decided February 20, 1996

District Court of Appeal of Florida · decided 1996-02-20

Relies on 539 So. 2d 525 - Myers v. State · 652 So. 2d 512 - Courson v. State

Decided 1996-02-20

PER CURIAM.

¶1In Tavares Carter’s appeal from the trial court’s summary denial of his motion for post-conviction relief, he contends the trial court erroneously held that he failed to allege he had timely asked his attorney to file an appeal. We agree with appellant and reverse and remand.

¶2In the argument portion of his sworn motion, Carter alleged that “he made a timely request for appeal, and that counsel failed to honor it.” Because Carter verified that the facts in his motion were true and correct, these allegations sufficiently raised the issue. See Myers v. State, 539 So.2d 525 (Fla. 1st DCA 1989); Courson v. State, 652 So.2d 512 (Fla. 5th DCA 1995).

¶3REVERSED and REMANDED for further proceedings.

ERVIN, MINER, and WEBSTER, JJ.
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