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963 So. 2d 983

Latson v. State

District Court of Appeal of Florida

Decided September 12, 2007

District Court of Appeal of Florida · decided 2007-09-12

Cited by 1 later decisions — most recently November 2012

1 state decisions

Relies on Brimage v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-09-12

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PER CURIAM.

¶1Robert 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 Latsoris claim that his appellate lawyer failed to advise him of the outcome of his appeal and, should the trial court find Latsoris 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).

¶2Reversed and Remanded.

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