Criminal Law · MBE-tested
O'Gean HALL, Petitioner, v. Louie L. WAINWRIGHT, Secretary of the Department of Corrections, Respondent
437 So. 2d 798·Florida District Court of Appeal·1983·FL
GLICKSTEIN and WALDEN, JJ., concur.
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Opinion
O’Gean HALL, Petitioner, v. Louie L. WAINWRIGHT, Secretary of the Department of Corrections, Respondent.
No. 82-2035.
District Court of Appeal of Florida, Fourth District.
Sept. 21, 1983.
O’Gean Hall, pro se.
Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for respondent.
[MAJORITY — HERSEY, Judge.]
HERSEY, Judge.
We grant the petition for writ of habeas corpus to afford belated review of a summary denial of a motion for relief under Rule 3.850, Florida Rules of Criminal Procedure. Denial was based upon a ruling that ineffective assistance of counsel should have been raised by direct appeal and was therefore an inappropriate basis for a motion under the rule. This being a misconception of the law, we reverse and remand for a hearing on the merits of the motion.
REVERSED.
GLICKSTEIN and WALDEN, JJ., concur.