Carter v. State, 95-2895

• Decision Date: 20 February 1996
• Docket Number: No. 95-2895,95-2895
• Citation: 668 So.2d 294
• Parties: 21 Fla. L. Weekly D498 Tavares Antonio CARTER, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 294

668 So.2d 294

21 Fla. L. Weekly D498

Tavares Antonio CARTER, Appellant, v. STATE of Florida, Appellee.

No. 95-2895.

District Court of Appeal of Florida, First District.

Feb. 20, 1996.

An Appeal from the Circuit Court for Escambia County; Michael Jones, Judge.

Tavares Antonio Carter, pro se.

No appearance for Appellee.

PER CURIAM.

In 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.

In 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).

REVERSED and REMANDED for further proceedings.

ERVIN, MINER, and WEBSTER, JJ.