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Sullivan v. State

436 So. 2d 410, 1983 Fla. App. LEXIS 20108
Procedural entryThis page is a short order in Sullivan v. State. Read the opinion of the Court — 1983 Fla. App. LEXIS 19171 →
District Court of Appeal of Florida·Decided August 19, 1983·No. No. AP-396·Published

Opinions

PER CURIAM.

Sullivan appeals the lower court’s denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, wherein he alleged, among other grounds, ineffectiveness of counsel. As no portion of the record on appeal conclusively reveals that Sullivan is entitled to no relief, we remand this cause to the trial court for an evidentiary hearing with respect to the issue of effectiveness of counsel. The trial court need not address any of Sullivan’s other allegations.

REVERSED AND REMANDED.

ERVIN, C.J., and WENTWORTH, J., concur. NIMMONS, J., dissents.

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Sullivan v. State, 436 So. 2d 410, 1983 Fla. App. LEXIS 20108 (Fla. Ct. App. 1983).

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