Florida District Courts of Appeal, 1964

Bennett v. State

Florida District Courts of Appeal · Decided June 12, 1964 · Andrews, Smith, White

165 So. 2d 219; 1964 Fla. App. LEXIS 4369 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The petition of the defendant, Jimmy Dell Bennett, alleges a prima facie right to hearing under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Recitals in *220the court’s order denying such hearing which are not shown to be a part of the record are not sufficient basis upon which to deny hearing.

Reversed.

SMITH, C. J., and WHITE and ANDREWS, JJ., concur.

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