Carter v. State, No. 95-2895

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation668 So.2d 294
Parties21 Fla. L. Weekly D498 Tavares Antonio CARTER, Appellant, v. STATE of Florida, Appellee.
Decision Date20 February 1996
Docket NumberNo. 95-2895

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.

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