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Marshall v. State

436 So. 2d 446, 1983 Fla. App. LEXIS 22604
Procedural entryThis page is a short order in Marshall v. State. Read the opinion of the Court — 439 So. 2d 973 →
District Court of Appeal of Florida·Decided August 31, 1983·No. No. 83-1607·Published

Opinion

PER CURIAM.

Herman Marshall appeals the trial judge’s order denying his motion for post conviction relief. The trial judge denied the motion without holding an evidentiary hearing or attaching to his order a record sufficient to demonstrate that appellant is entitled to no relief, as required by Rule 3.850, Florida Rules of Criminal Procedure. The order denying the motion for post conviction relief is reversed and the cause remanded for proceedings in compliance with Rule 3.850.

REVERSED and REMANDED.

DOWNEY, HERSEY and DELL, JJ., concur.

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Marshall v. State, 436 So. 2d 446, 1983 Fla. App. LEXIS 22604 (Fla. Ct. App. 1983).

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