Cook v. State

Donald Lee Cook appeals the summary denial of his motion for postconviction relief. We reverse.

The motion is directed to a 1975 conviction for armed robbery. The sole issue is the alleged failure of trial counsel to file timely notice of appeal although requested to do so. See State v. District Court of Appeal, First District, 569 So.2d 439 (Fla.1990).1 The circuit court’s order finds that the motion is both untimely and successive. However, for the reasons expressed in our recent opinion in Hickman v. State, 581 So.2d 942 (Fla. 2d DCA 1991), we believe that Cook’s motion is entitled to…