WILLIAM HOVEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-01-09
No. 84-1476
GLICKSTEIN and DELL, JJ., concur., ANSTEAD, C.J., and GLICKSTEIN and DELL, JJ., concur.
466 So. 2d 1086 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

William Hovey appeals the trial judge’s order denying his motion for post conviction relief. The trial judge denied the motion without holding a hearing or attaching to his order a record sufficient to demonstrate that appellant is entitled to no relief, as required by Rule 3.850, Florida Rules of Criminal Procedure. The order denying the motion for post conviction relief is reversed and the cause remanded for a hearing, or for the court to attach a record sufficient to demonstrate that appellant is entitled to no relief.

REVERSED AND REMANDED.

GLICKSTEIN and DELL, JJ., concur. ANSTEAD, C.J., dissents without opinion.

Other
PER CURIAM.

PER CURIAM.

We note that the record, inadvertently left out when we first reviewed the case, was later provided by the State Attorney’s office. The record supports the ruling of the trial court and therefore we affirm appellant’s judgment and sentence.

ANSTEAD, C.J., and GLICKSTEIN and DELL, JJ., concur.


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  • Wade v. State, 482 So. 2d 346 (Fla. 1986)
    …OVERTON, Justice. In Wade v. State, 466 So. 2d 1086 (Fla. 1st DCA 1985), the district court certified the following question: When an appellate court finds that a sentencing court relied upon a reason or reasons that are impermissible under Florida Rule of Criminal Procedure 3.701 in making its dec…
  • Perry v. State, 469 So. 2d 940 (Fla. 4th DCA 1985)
    …present a situation involving ineffective assistance of counsel. The trial court did not furnish this court with any record which would support the order of denial. We remand for it to do so or to conduct an evidentiary hearing. See Hovey v. State, 466 So. 2d 1086 (Fla. 4th DCA 1985); Owens v. State, 463 So. 2d 408 (Fla. 3rd DCA 1985). DOWNEY, HERSEY and GLICKSTEIN, JJ., concur.…

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