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919 So. 2d 577

Lewis v. State

District Court of Appeal of Florida

Decided January 11, 2006

District Court of Appeal of Florida · decided 2006-01-11

Relies on 739 So. 2d 77 - State v. Trowell

Decided 2006-01-11

PER CURIAM.

¶1This is a petition for belated appeal of an order denying appellant Troy Lewis’ motion to correct sentence. Because Lewis’ entitlement to a belated appeal depends upon a determination of a disputed factual issue, we remand this cause to the trial court for an evidentiary hearing as to whether Lewis requested his trial counsel to file an appeal in accordance with State v. Trowell, 739 So.2d 77 (Fla.1999).

¶2Reversed and remanded with instructions.

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