Joseph v. State

District Court of Appeal of Florida

Joseph v. State

412 So. 2d 60, 1982 Fla. App. LEXIS 29191

Procedural entryThis page is a short order in Joseph v. State. Read the opinion of the Court — 447 So. 2d 243 →

District Court of Appeal of Florida·Decided April 7, 1982·No. No. 82-529·Published

Opinion

PER CURIAM.

We conclude that the appellant’s Rule of Criminal Procedure 3.850 motion was sufficient to require an evidentiary hearing on the issue of incompetency of counsel. The order denying the motion is thus reversed and the matter remanded for an evidentia-ry hearing. Appellant’s presence at this hearing shall be at the discretion of the trial court.

REVERSED AND REMANDED.

DOWNEY, BERANEK and HERSEY, JJ., concur.

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PER CURIAM.

We conclude that the appellant’s Rule of Criminal Procedure 3.850 motion was sufficient to require an evidentiary hearing on the issue of incompetency of counsel. The order denying the motion is thus reversed and the matter remanded for an evidentia-ry hearing. Appellant’s presence at this hearing shall be at the discretion of the trial court.

REVERSED AND REMANDED.

DOWNEY, BERANEK and HERSEY, JJ., concur.

Joseph v. State, 412 So. 2d 60, 1982 Fla. App. LEXIS 29191 (Fla. Ct. App. 1982).

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