Florida District Courts of Appeal, 1976

Clements v. State

Florida District Courts of Appeal · Decided December 17, 1976 · Alderman, Cross, Mager

340 So. 2d 1183; 1976 Fla. App. LEXIS 15836 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Gunn v. State (Fla. Dist. Ct. App. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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