Florida District Courts of Appeal, 1968

Dutchville v. State

Dutchville v. State
Florida District Courts of Appeal · Decided April 24, 1968 · Allen, Hob, Liles, Son
209 So. 2d 696; 1968 Fla. App. LEXIS 5677 (Southern Reporter, Second Series)

Dutchville v. State

Opinion of the Court

PER CURIAM.

' Appellant seeks reversal of the summary denial of his motion for postconviction relief ^nder Criminal Procedure Rule 1 (now Rule 1.850, 33 F.S.A.). His motion alleged that the State knowingly used perjured testimony at his 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, Fla.App.1967, 203 So.2d 212, 213.

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.

LILES, C. J., and ALLEN and HOB-SON, JJ., concur.

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