Padron v. State

District Court of Appeal of Florida

Padron v. State

767 So. 2d 607, 2000 Fla. App. LEXIS 11708, 2000 WL 1283471

CourtDistrict Court of Appeal of Florida

DecidedSeptember 13, 2000

DocketNo. 3D00-363

StatusPublished

This text of 767 So. 2d 607 (Padron 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

Padron v. State, 767 So. 2d 607, 2000 Fla. App. LEXIS 11708, 2000 WL 1283471 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Defendant appeals from an order summarily denying his motion for postconviction relief brought pursuant to Fla. R.Crim. P. 3.850. We reverse. See State v. Mancino, 705 So.2d 1379 (Fla.1998) (holding in part that despite his plea agreement, defendant’s postconviction allegation that he never actually possessed the firearm during the crime required a factual determination in an evidentiary hearing); Flores v. State, 745 So.2d 977 (Fla. 3d DCA 1999).

Reversed and remanded for an eviden-tiary hearing.

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PER CURIAM.

Defendant appeals from an order summarily denying his motion for postconviction relief brought pursuant to Fla. R.Crim. P. 3.850. We reverse. See State v. Mancino, 705 So.2d 1379 (Fla.1998) (holding in part that despite his plea agreement, defendant’s postconviction allegation that he never actually possessed the firearm during the crime required a factual determination in an evidentiary hearing); Flores v. State, 745 So.2d 977 (Fla. 3d DCA 1999).

Reversed and remanded for an eviden-tiary hearing.

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Bluebook (online)

767 So. 2d 607, 2000 Fla. App. LEXIS 11708, 2000 WL 1283471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/padron-v-state-fladistctapp-2000.

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