Sadler v. State, 799 So. 2d 1091 (Fla. 2d DCA 2001). · Go Syfert
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Sadler v. State, 799 So. 2d 1091 (Fla. 2d DCA 2001). Cases Citing This Book View Copy Cite
No syfertize treatment data for cluster 7804853.
Sam SADLER
v.
STATE of Florida
No. 2D01-2275.
District Court of Appeal of Florida, Second District.
Oct 26, 2001.
799 So. 2d 1091
Blue, Davis, Threadgill.
Published
THREADGILL, Judge.

Sam Sadler appeals the trial court’s summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We treat Sadler’s motion as a petition for writ of habeas corpus seeking leave to file a belated postconviction motion and reverse. On remand the trial court shall conduct an evidentiary hearing to determine whether Sadler retained counsel to timely file a rule 3.850 motion and whether counsel failed to timely file such a motion. See Steele v. Kehoe, 747 So.2d 931 (Fla.1999).

Reversed and remanded.

BLUE, C.J., and DAVIS, J., Concur.