Pugh v. State

District Court of Appeal of Florida

Pugh v. State

492 So. 2d 1184, 11 Fla. L. Weekly 1831, 1986 Fla. App. LEXIS 9438

CourtDistrict Court of Appeal of Florida

DecidedAugust 20, 1986

DocketNo. 4-86-1257

StatusPublished

This text of 492 So. 2d 1184 (Pugh 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.

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Pugh v. State, 492 So. 2d 1184, 11 Fla. L. Weekly 1831, 1986 Fla. App. LEXIS 9438 (Fla. Ct. App. 1986).

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Opinion

DOWNEY, Judge.

Appellant seeks review of a final order denying his motion for post conviction relief under Rule 3.850.

It appears to us that an evidentiary hearing should have been held to determine the validity of Pugh’s grounds for post conviction relief, based upon ineffectiveness of counsel and the voluntariness of his plea. Accordingly, the order denying post conviction relief is reversed and the cause is remanded with directions to conduct an evi-dentiary hearing on those issues.

REVERSED AND REMANDED with directions.

LETTS and GUNTHER, JJ., concur.

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DOWNEY, Judge.

Appellant seeks review of a final order denying his motion for post conviction relief under Rule 3.850.

It appears to us that an evidentiary hearing should have been held to determine the validity of Pugh’s grounds for post conviction relief, based upon ineffectiveness of counsel and the voluntariness of his plea. Accordingly, the order denying post conviction relief is reversed and the cause is remanded with directions to conduct an evi-dentiary hearing on those issues.

REVERSED AND REMANDED with directions.

LETTS and GUNTHER, JJ., concur.

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Bluebook (online)

492 So. 2d 1184, 11 Fla. L. Weekly 1831, 1986 Fla. App. LEXIS 9438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pugh-v-state-fladistctapp-1986.