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Erler v. State

276 So. 2d 498, 1973 Fla. App. LEXIS 6933
District Court of Appeal of Florida·Decided April 25, 1973·No. No. 72-992·Published

Opinion

PER CURIAM.

On the basis of our review of the briefs, record on appeal and oral argument we are of the opinion that the motion for post-conviction relief contains sufficient allegations to entitle appellant to an evidentiary hearing under Rule 3.850, FRCrP., 33 F.S. A. Blackman v. State, Fla.App.1971, 256 So.2d 18. See also Brady v. Maryland, 373 [499] U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Cf. Fast v. State, Fla.App.1969, 221 So.2d 203; Estevez v. State, Fla.App.1968, 206 So.2d 697; Marti v. State, Fla.App.1964, 163 So.2d 506; Estrella v. State, Fla.App.1968, 215 So.2d 489; Sampson v. State, Fla.App.1963, 158 So.2d 771; and Thomas v. State, Fla.App.1968, 210 So.2d 488.

Accordingly, the order appealed from is reversed and the cause remanded to the trial court for the purpose of providing an evidentiary hearing.

OWEN and MAGER, JJ., and MORROW, RUSSELL O., Associate Judge, concur.

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Erler v. State, 276 So. 2d 498, 1973 Fla. App. LEXIS 6933 (Fla. Ct. App. 1973).

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Related

Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
Fast v. State
221 So. 2d 203 (District Court of Appeal of Florida, 1969)
Sampson v. State
158 So. 2d 771 (District Court of Appeal of Florida, 1963)
Marti v. State
163 So. 2d 506 (District Court of Appeal of Florida, 1964)
Thomas v. State
210 So. 2d 488 (District Court of Appeal of Florida, 1968)
Estevez v. State
206 So. 2d 697 (District Court of Appeal of Florida, 1968)
Estrella v. State
215 So. 2d 489 (District Court of Appeal of Florida, 1968)
Blackman v. State
256 So. 2d 18 (District Court of Appeal of Florida, 1971)