Henley v. State

District Court of Appeal of Florida

Henley v. State

396 So. 2d 1191, 1981 Fla. App. LEXIS 19237

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1981

DocketNo. 81-25

StatusPublished

This text of 396 So. 2d 1191 (Henley 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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Henley v. State, 396 So. 2d 1191, 1981 Fla. App. LEXIS 19237 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Defendant appeals the denial, without an evidentiary hearing, of a motion for post-conviction relief pursuant to Rule 3.850, Fla.R.Crim.P. The trial court was partially correct in that all of the alleged grounds, save ground “C”, were legally insufficient. Paragraph “C”, however, alleges ineffective assistance of counsel on appeal. Since copies “of that portion of the files and records which conclusively [show] that the prisoner is entitled to no relief” were not attached to the court’s order of denial, the cause is reversed and remanded with instructions to conduct an evidentiary hearing on the allegation of ineffective assistance of counsel. See Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).

MOORE, HERSEY and HURLEY, JJ., concur.

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PER CURIAM.

Defendant appeals the denial, without an evidentiary hearing, of a motion for post-conviction relief pursuant to Rule 3.850, Fla.R.Crim.P. The trial court was partially correct in that all of the alleged grounds, save ground “C”, were legally insufficient. Paragraph “C”, however, alleges ineffective assistance of counsel on appeal. Since copies “of that portion of the files and records which conclusively [show] that the prisoner is entitled to no relief” were not attached to the court’s order of denial, the cause is reversed and remanded with instructions to conduct an evidentiary hearing on the allegation of ineffective assistance of counsel. See Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).

MOORE, HERSEY and HURLEY, JJ., concur.

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396 So. 2d 1191, 1981 Fla. App. LEXIS 19237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henley-v-state-fladistctapp-1981.

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