Aikens v. State

PER CURIAM. We reverse that part of the order of May 2, 1995, which summarily denied Appellant’s claim for belated appeal. Appellant asserts that his lawyer failed to file a notice of appeal, ignoring Appellant’s requests that she do so. The allegation states a legally sufficient claim. Faircloth v. State, 661 So.2d 1292 (Fla. 4th DCA 1995). Therefore, as to that issue, we remand for an evidentia [6] ry hearing. As to all other issues raised in Appellant’s 3.850 petition, we affirm. STONE, FARMER and STEVENSON, JJ., concur.