Martin v. State
349 So. 2d 226, 1977 Fla. App. LEXIS 16099
District Court of Appeal of Florida·Decided August 9, 1977·No. No. 76-2146·Published·Cited by 1 cases
Opinions
We are compelled to reverse the trial judge’s order denying the defendant’s Fla.R.Crim.P. 3.850 motion, without a hearing, upon the authority of Barfield v. State, 348 So.2d 621, Opinion filed July 8, 1977 (Fla. 4th DCA). It would appear that Bar-field mandates an evidentiary hearing “. . . unless the motion or record conclusively shows that the movant is entitled to no relief.”
Reversed and remanded for an evidentia-ry hearing on the appellant’s motion.
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Martin v. State, 349 So. 2d 226, 1977 Fla. App. LEXIS 16099 (Fla. Ct. App. 1977).
349 So. 2d 226 (Martin v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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