Bagley v. State

District Court of Appeal of Florida

Bagley v. State

336 So. 2d 1236, 1976 Fla. App. LEXIS 15436

CourtDistrict Court of Appeal of Florida

DecidedSeptember 10, 1976

DocketNo. 75-1366

StatusPublished

Cited by1 cases

This text of 336 So. 2d 1236 (Bagley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bagley v. State, 336 So. 2d 1236, 1976 Fla. App. LEXIS 15436 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

This is an appeal from an order of the trial court denying without an evidentiary [1237]*1237hearing appellant’s motion to vacate his sentence, pursuant to Fla.R.Crim.P. 3.850. The facts alleged in the motion, when considered to be true, sufficiently state a basis for collateral relief. The record in this case does not conclusively refute the allegations of the motion. Therefore, an evidentiary hearing should have been afforded to appellant. Brumley v. State, 224 So.2d 447 (Fla. 4DCA 1969).

REVERSED AND REMANDED.

MAGER, C. J., and DOWNEY and ALDERMAN, JJ., concur.

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PER CURIAM.

This is an appeal from an order of the trial court denying without an evidentiary [1237]*1237hearing appellant’s motion to vacate his sentence, pursuant to Fla.R.Crim.P. 3.850. The facts alleged in the motion, when considered to be true, sufficiently state a basis for collateral relief. The record in this case does not conclusively refute the allegations of the motion. Therefore, an evidentiary hearing should have been afforded to appellant. Brumley v. State, 224 So.2d 447 (Fla. 4DCA 1969).

REVERSED AND REMANDED.

MAGER, C. J., and DOWNEY and ALDERMAN, JJ., concur.

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336 So. 2d 1236, 1976 Fla. App. LEXIS 15436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagley-v-state-fladistctapp-1976.

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