Turner v. State

District Court of Appeal of Florida

Turner v. State

454 So. 2d 803, 9 Fla. L. Weekly 1901, 1984 Fla. App. LEXIS 14793

CourtDistrict Court of Appeal of Florida

DecidedSeptember 5, 1984

DocketNo. 84-1662

StatusPublished

Cited by1 cases

This text of 454 So. 2d 803 (Turner 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

Turner v. State, 454 So. 2d 803, 9 Fla. L. Weekly 1901, 1984 Fla. App. LEXIS 14793 (Fla. Ct. App. 1984).

Pincite

Opinion

BARKETT, Judge.

This is a pro se appeal by the defendant pursuant to Rule of Appellate Procedure 9.140(g) governing appeals from summary denials of Florida Rule of Criminal Proce[804]*804dure 3.850 motions for post-conviction relief.

The trial court denied the defendant’s motion without an evidentiary hearing. Defendant alleges ineffective assistance of counsel which is an allegation of a factual nature. The trial court incorrectly determined that the underlying appeal was dis-positive of this issue. See Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). Accordingly, we reverse for an evidentiary hearing solely on the issue of ineffective assistance of counsel. In all other respects the trial court’s order is affirmed.

AFFIRMED IN PART; REVERSED IN PART.

GLICKSTEIN and WALDEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI