Hartley v. State

District Court of Appeal of Florida

Hartley v. State

392 So. 2d 1036, 1981 Fla. App. LEXIS 18724

Procedural entryThis page is a short order in Hartley v. State. Read the opinion of the Court — 372 So. 2d 1180 →

District Court of Appeal of Florida·Decided January 28, 1981·No. No. 80-2274·Published

Opinion

PER CURIAM.

We reverse and set aside the summary denial of appellant’s Rule 3.850 motion. The lower judge erroneously noted under his denial that the case was on appeal and he apparently denied the motion, believing that he was without jurisdiction to hear it. Because no appeal appears in this case we remand to the lower court for an evidentia-ry hearing on appellant’s Rule 3.850 motion.

REVERSED and REMANDED.

BOARDMAN, Acting C. J., and OTT and CAMPBELL, JJ., concur.

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PER CURIAM.

We reverse and set aside the summary denial of appellant’s Rule 3.850 motion. The lower judge erroneously noted under his denial that the case was on appeal and he apparently denied the motion, believing that he was without jurisdiction to hear it. Because no appeal appears in this case we remand to the lower court for an evidentia-ry hearing on appellant’s Rule 3.850 motion.

REVERSED and REMANDED.

BOARDMAN, Acting C. J., and OTT and CAMPBELL, JJ., concur.

Hartley v. State, 392 So. 2d 1036, 1981 Fla. App. LEXIS 18724 (Fla. Ct. App. 1981).

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