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Florida District Courts of Appeal, 1980

Porter v. State

Porter v. State
Florida District Courts of Appeal · Decided June 18, 1980 · Downey, Hersey, Hurley
384 So. 2d 952; 1980 Fla. App. LEXIS 23574 (Southern Reporter, Second Series)

Porter v. State

Opinion of the Court

PER CURIAM.

Defendant/appellant takes this appeal pursuant to Rule 9.140(g), Fla.R.App.P., following the denial of his 3.850 motion without an evidentiary hearing. Since the record fails to conclusively show that the appellant is entitled to no relief, the order is reversed and the cause is remanded for an evidentiary hearing. See, Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).

REVERSED AND REMANDED.

DOWNEY, HERSEY and HURLEY, JJ., concur.

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