Brewen v. State

District Court of Appeal of Florida

Brewen v. State

528 So. 2d 141, 13 Fla. L. Weekly 1700, 1988 Fla. App. LEXIS 3131, 1988 WL 73617

CourtDistrict Court of Appeal of Florida

DecidedJuly 20, 1988

DocketNo. 87-3182

StatusPublished

This text of 528 So. 2d 141 (Brewen 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.

Bluebook

Brewen v. State, 528 So. 2d 141, 13 Fla. L. Weekly 1700, 1988 Fla. App. LEXIS 3131, 1988 WL 73617 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

Appellant seeks review of an order denying his motion for post-conviction relief without an evidentiary hearing and without the attachment of portions of the record supporting denial of the motion.

It appears that a prima facie case of ineffective assistance of counsel is contained in the motion requiring the trial court to attach record support for the order denying post-conviction relief or to hold an evidentiary hearing on the motion.

Accordingly, the cause is reversed and remanded for either an evidentiary hearing or the attachment of portions of the record sufficient to support denial of the motion.

DOWNEY, GLICKSTEIN and STONE, JJ., concur.

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PER CURIAM.

Appellant seeks review of an order denying his motion for post-conviction relief without an evidentiary hearing and without the attachment of portions of the record supporting denial of the motion.

It appears that a prima facie case of ineffective assistance of counsel is contained in the motion requiring the trial court to attach record support for the order denying post-conviction relief or to hold an evidentiary hearing on the motion.

Accordingly, the cause is reversed and remanded for either an evidentiary hearing or the attachment of portions of the record sufficient to support denial of the motion.

DOWNEY, GLICKSTEIN and STONE, JJ., concur.

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Bluebook (online)

528 So. 2d 141, 13 Fla. L. Weekly 1700, 1988 Fla. App. LEXIS 3131, 1988 WL 73617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewen-v-state-fladistctapp-1988.