ANTHONY CASH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1982-04-13
Nos. 81-2664 to 81-2667
Before BARKDULL, BASKIN and JOR-GENSON, JJ.
412 So. 2d 420 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 19 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

When a petitioner alleges ineffective assistance of counsel, unless the motion and the files and records in the case conclusively show that he is not entitled to relief, the petitioner is entitled to an evidentiary hearing on his Rule 3.850 motion. Meeks v. State, 382 So. 2d 673 (Fla.1980); see Brown v. State, 404 So. 2d 157 (Fla. 5th DCA 1981); Fla.R.Crim.P. 3.850.

Reversed and remanded for evidentiary, hearing.


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  • Brown v. State, 428 So. 2d 250 (Fla. 1983)
    …McDONALD, Justice. In Brown v. State, 412 So. 2d 420 (Fla. 4th DCA 1982), the district court certified the following questions to this Court: 1. DOES OWNERSHIP AND JOINT OCCUPANCY OF A PREMISES WHERE ILLEGAL DRUGS ARE DISCOVERED IN PLAIN VIEW, IN THE PRESENCE OF THE OWNER, CONSTITUTE SUFFICIENT EVIDE…
  • Goin v. Comm'n ON Ethics, 658 So. 2d 1131 (Fla. 1st DCA 1995)
    …enting evidence of actual knowledge or evidence of incriminating statements and circumstances from which the jury might lawfully infer the requisite knowledge to support conviction. Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967); Brown v. State, 412 So. 2d 420 (Fla. 4th DCA 1982), approved, 428 So. 2d 250 (Fla.1983), [*1136] cert. denied, 463 U.S. 1209, 103 S.Ct. 3541, 77 L.Ed.2d. 1391 (1983). In a civil damages action for injuries resulting from willful and unlawful sale of alcoholic beverages to a minor…
  • Maisler v. State, 425 So. 2d 107 (Fla. 1st DCA 1982)
    …will not be inferred but must be established by proof. Such proof may consist of evidence of incriminating statements and circumstances from which the jury might lawfully infer the requisite knowledge and ability to maintain control. Brown v. State, 412 So. 2d 420 (Fla. 4th DCA 1982); Frank v. State, 199 So. 2d 117 (Fla. 1st DCA 1967). We conclude that the totality of the evidence presented was sufficient for a jury to reasonably infer that appellant had a pos-sessory interest in the property and was currentl…

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