ROBERT J. PRESLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant, Robert J. Presley, seeks reversal of a summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850. His motion alleged that the state knowingly used perjured testimony at the trial. Such allegation is not conclusively refuted by the record. Consequently, it was sufficient to have entitled appellant to an evidentiary hearing thereon. Rayburn v. State, 203 So. 2d 212 (Fla.2d DCA 1967); Dutchville v. State, 209 So. 2d 696 (Fla.2d DCA 1968).
Accordingly, we reverse the appealed order and remand the cause with instructions to conduct an evidentiary hearing on the aforesaid allegation and to make findings of fact and conclusions of law with respect thereto.
Reversed and remanded, with instructions.
CROSS, ANSTEAD and DAUKSCH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Young v. State, 453 So. 2d 182 (Fla. 2d DCA 1984)…The allegation that perjured testimony was used with the state’s knowledge, if true, may entitle appellant to relief. See Rayburn v. State, 203 So. 2d 212 (Fla. 2d DCA 1967), appeal after remand, 216 So. 2d 791 (Fla. 2d DCA 1968); Presley v. State, 347 So. 2d 731 (Fla. 4th DCA 1977). The trial court, however, failed to either conduct an evidentiary hearing or attach portions of the record which refute that allegation. Accordingly, we reverse in part the trial court’s denial of appellant’s motion and remand…
Authorities Cited
- Rayburn v. State, 203 So. 2d 212 (Fla. 2d DCA 1967)
- Eddy Dutchville v. State, 209 So. 2d 696 (Fla. 2d DCA 1968)
- Bush v. State, 209 So. 2d 696 (Fla. 4th DCA 1968)