Coy v. State

District Court of Appeal of Florida

Coy v. State

404 So. 2d 135, 1981 Fla. App. LEXIS 20826

CourtDistrict Court of Appeal of Florida

DecidedAugust 19, 1981

DocketNo. 81-960

StatusPublished

Cited by2 cases

This text of 404 So. 2d 135 (Coy 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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Coy v. State, 404 So. 2d 135, 1981 Fla. App. LEXIS 20826 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Defendant’s motion for post-conviction relief was denied without a hearing. Moreover, the trial court failed to attach “a copy of that portion of the files and records which conclusively shows that the prisoner is entitled to no relief.” Thus, we reverse and remand for an evidentiary hearing pursuant to Rule 3.850, Fla.R.Crim.P. See Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). The trial court must determine whether defendant’s plea bargained agreement was violated. If so, it may be appropriate that defendant be given an opportunity to withdraw his plea. See Richmond v. State, 375 So.2d 1132 (Fla. 1st DCA 1979).

ANSTEAD, BERANEK and HURLEY, JJ., concur.

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PER CURIAM.

Defendant’s motion for post-conviction relief was denied without a hearing. Moreover, the trial court failed to attach “a copy of that portion of the files and records which conclusively shows that the prisoner is entitled to no relief.” Thus, we reverse and remand for an evidentiary hearing pursuant to Rule 3.850, Fla.R.Crim.P. See Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). The trial court must determine whether defendant’s plea bargained agreement was violated. If so, it may be appropriate that defendant be given an opportunity to withdraw his plea. See Richmond v. State, 375 So.2d 1132 (Fla. 1st DCA 1979).

ANSTEAD, BERANEK and HURLEY, JJ., concur.

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404 So. 2d 135, 1981 Fla. App. LEXIS 20826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coy-v-state-fladistctapp-1981.

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