RAYFORD MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAYFORD MARTIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
349 So. 2d 226
Florida District Court of Appeal, Fourth District (1977)
Positive Treatment
Cited by 2 cases
Opinion of the Court
LETTS, Judge.
We are compelled to reverse the trial judge’s order denying the defendant’s Fla.R.Crim.P. 3.850 motion, without a hearing, upon the authority of Barfield v. State, 348 So. 2d 621, Opinion filed July 8, 1977 (Fla. 4th DCA). It would appear that Bar-field mandates an evidentiary hearing “. . . unless the motion or record conclusively shows that the movant is entitled to no relief.”
Reversed and remanded for an evidentiary hearing on the appellant’s motion.
DAUKSCH, J., concurs.
DOWNEY, J., dissents, with opinion.
Dissent
Judge, dissenting:
My study of the record in this case compels me to dissent for the reason that the allegations of fact contained in appellant’s motion for post conviction relief do not rise to the level requiring an evidentiary hearing.
Accordingly, I would affirm the order appealed from.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Young v. State, 399 So. 2d 1082 (Fla. 1st DCA 1981)…s face, and in the absence of a copy of that portion of the files and records conclusively showing that the movant is entitled to no relief, an evidentia-ry hearing is required. Barfield v. State, 348 So. 2d 621 (Fla. 4th DCA 1977); Martin v. State, 349 So. 2d 226 (Fla. 4th DCA 1977); Fla.R.App.P. 9.140(g). Depending upon the outcome of such hearing, and a further determination by the court as to whether appellant’s probation was properly revoked, the trial court will have the opportunity to review the sente…
Authorities Cited
- Barfield v. State, 348 So. 2d 621 (Fla. 4th DCA 1977)