Postell v. State

DAUKSCH, Judge.

This is an appeal from a summary denial of a motion for post-conviction relief. Appellant seeks a belated appeal because his lawyer allegedly failed to file a requested notice of appeal.

Because the petition sets out grounds for relief, a hearing to determine the facts is required. The summary denial is reversed and this cause remanded for hearing.

REVERSED and REMANDED.

HARRIS, C.J., and W. SHARP, J., concur.