08-6042 ANDREW WILLIAMS, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-6042

Case Date: 03/31/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ANDREW WILLIAMS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed March 31, 2009.

CASE NO. 1D08-6042

An appeal from the Circuit Court for Duval County. L. P. Haddock, Judge. Andrew Williams, pro se, Appellant. Bill McCollum, Attorney General, Tallahassee, for Appellee.

PER CURIAM. The order denying the appellant's motion to file a belated motion for postconviction relief is reversed. The case is remanded for a hearing to determine the validity of the appellant's claim that counsel failed to file a timely

postconviction motion. See Steele v. Kehoe, 747 So.2d 931 (Fla.1999); Perez v. State, 864 So. 2d 1245, 1246 (Fla. 5th DCA 2004).

REVERSED.

HAWKES, C.J., VAN NORTWICK and BROWNING, JJ., CONCUR.

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