Florida District Courts of Appeal, 1977

Presley v. State

Presley v. State
Florida District Courts of Appeal · Decided June 17, 1977 · Anstead, Cross, Dauksch
347 So. 2d 731; 1977 Fla. App. LEXIS 15786 (Southern Reporter, Second Series)

Presley v. State

Opinion of the Court

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.

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