FRANKIE L. CLEMENTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANKIE L. CLEMENTS, APPELLANT,
STATE OF FLORIDA, APPELLEE
340 So. 2d 1183
Florida District Court of Appeal, Fourth District (1976)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon due consideration of the briefs of the parties and the record herein we are of the opinion that appellant’s motion to vacate pursuant to Rule 3.850 contains legally sufficient allegations which, if true, would entitle petitioner to relief. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). Furthermore, inasmuch as the record does not conclusively demonstrate that such allegations are not true an evidentiary hearing is required. McClendon v. Wainwright, 280 So. 2d 703 (Fla. 4th DCA 1973).
REVERSED AND REMANDED to the trial court for further proceedings.
MAGER, Ci J., and CROSS and ALDERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gunn v. State, 378 So. 2d 105 (Fla. 5th DCA 1980)…in the case and finds that they conclusively show the prisoner is entitled to no relief.” The order does not purport to find the motion legally insufficient on its face. See, e. g., State v. Reynolds, 238 So. 2d 598 (Fla.1970) and Clements v. State, 340 So. 2d 1183,(Fla. 4th DCA 1976). The state argues that the motion sets forth grounds relating only to pre-trial matters, such as denial of speedy trial and improper line-up, which should have been raised on direct appeal. Therefore, the state contends that the…
Authorities Cited
- Santobello v. New York, 404 U.S. 257 (U.S. 1971)
- McCLENDON v. Louie L. Wainwright, 280 So. 2d 703 (Fla. 4th DCA 1973)