Florida District Courts of Appeal, 1979

Pardee v. State

Florida District Courts of Appeal · Decided December 17, 1979 · Booth, Shivers, Smith

382 So. 2d 325; 1979 Fla. App. LEXIS 21266 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed.

BOOTH and SHIVERS, JJ., concur. ROBERT P. SMITH, Jr., J., dissents.

Dissenting Opinion

ROBERT SMITH, Jr., J.,

dissenting:

On this appeal from an order of the trial court denying Pardee’s Rule 3.850 motion, I think the record before the trial court and before this court does not conclusively show that Pardee is entitled to no relief. I do not consider it our function to pass on the credibility of Pardee’s improbable assertions. Therefore, in my opinion, an eviden-tiary hearing is required.

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