Kovasevics v. State

District Court of Appeal of Florida

Kovasevics v. State

622 So. 2d 138, 1993 Fla. App. LEXIS 8079, 1993 WL 288730

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 1993

DocketNo. 93-1573

StatusPublished

This text of 622 So. 2d 138 (Kovasevics 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.

Bluebook

Kovasevics v. State, 622 So. 2d 138, 1993 Fla. App. LEXIS 8079, 1993 WL 288730 (Fla. Ct. App. 1993).

Pincite

Opinion

PER CURIAM.

REVERSED. We agree with appellant that he has stated facially valid claims in [139]*139his motion for post-conviction relief and that the attachments to the court order summarily denying his motion do not conclusively demonstrate that he is not entitled to relief.

Accordingly, we reverse and remand with directions that either portions of the record conclusively refuting appellant’s claims be attached to any order denying relief, or that an evidentiary hearing be conducted on appellant’s motion.

ANSTEAD and KLEIN, JJ., and DOWNEY, JAMES C., Senior Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

REVERSED. We agree with appellant that he has stated facially valid claims in [139]*139his motion for post-conviction relief and that the attachments to the court order summarily denying his motion do not conclusively demonstrate that he is not entitled to relief.

Accordingly, we reverse and remand with directions that either portions of the record conclusively refuting appellant’s claims be attached to any order denying relief, or that an evidentiary hearing be conducted on appellant’s motion.

ANSTEAD and KLEIN, JJ., and DOWNEY, JAMES C., Senior Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

622 So. 2d 138, 1993 Fla. App. LEXIS 8079, 1993 WL 288730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kovasevics-v-state-fladistctapp-1993.