ROBERT L. PERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT L. PERRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
469 So. 2d 940
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an appeal from an order denying appellant relief pursuant to Fla.R.Crim.P. 3.850. Appellant made allegations of a factual nature which, if true, may 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harmon v. Barton, 894 F.2d 1268 (11th Cir. 1990)…sentence. See, e.g., Green v. State, 406 So. 2d 1148 (Fla.Dist.Ct. App.1981), aff'd, State v. Green, 421 So. 2d 508 (Fla.1982). It also could have been raised in a motion for post-conviction relief pursuant to Rule 3.850. See, e.g., Murray v. State, 469 So. 2d 940 (Fla.Dist.Ct.App.1985); Stanley v. State, 501 So. 2d 90 (Fla.Dist.Ct.App.1987); Fowler v. State, 443 So. 2d 125 (Fla.Dist.Ct.App.1983). The state court concluded that, consistent with state law, Harmon was procedurally barred from pursuing his claim…
Authorities Cited
- Owens v. State, 463 So. 2d 408 (Fla. 3d DCA 1985)
- Hovey v. State, 466 So. 2d 1086 (Fla. 4th DCA 1985)
- Wade v. State, 466 So. 2d 1086 (Fla. 1st DCA 1985)