Brady v. State

PER CURIAM.

Because the record does not refute appellant’s facially valid claim that he timely requested his attorney to file a post conviction motion, which his attorney failed to do, we reverse the trial court’s order denying his petition for writ of habeas corpus to file a belated Rule 3.850 motion. This case is remanded to the trial court for an evi-dentiary hearing on appellant’s petition.

Reversed and remanded.