Way v. State

District Court of Appeal of Florida

Way v. State

442 So. 2d 232, 1983 Fla. App. LEXIS 25486

District Court of Appeal of Florida·Decided October 4, 1983·No. No. 83-2194·Published·Cited by 1 cases

Opinion

PER CURIAM.

Because the appellant’s motion for post-conviction relief raised one or more grounds which, if true, present a legally sufficient claim of ineffective assistance of counsel, we remand to the trial court to attach the portion of the record which conclusively shows that the defendant is not entitled to relief or to conduct an evidentia-ry hearing in accordance with Florida Rule of Criminal Procedure 3.850 and Walker v. State, 432 So.2d 727 (Fla. 3d DCA 1983).

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PER CURIAM.

Because the appellant’s motion for post-conviction relief raised one or more grounds which, if true, present a legally sufficient claim of ineffective assistance of counsel, we remand to the trial court to attach the portion of the record which conclusively shows that the defendant is not entitled to relief or to conduct an evidentia-ry hearing in accordance with Florida Rule of Criminal Procedure 3.850 and Walker v. State, 432 So.2d 727 (Fla. 3d DCA 1983).

Way v. State, 442 So. 2d 232, 1983 Fla. App. LEXIS 25486 (Fla. Ct. App. 1983).

Pincite

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Opinion

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