Martin v. State

Florida District Courts of Appeal
Martin v. State, 349 So. 2d 226 (1977)
1977 Fla. App. LEXIS 16099
Dauksch, Downey, Letts

Martin v. State

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 evidentia-ry hearing on the appellant’s motion.

DAUKSCH, J., concurs. DOWNEY, J., dissents, with opinion.

Dissenting Opinion

DOWNEY,

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.

Reference

Full Case Name
Rayford MARTIN v. STATE of Florida
Cited By
1 case
Status
Published