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Florida District Courts of Appeal, 1980

Robinson v. State

Robinson v. State
Florida District Courts of Appeal · Decided October 29, 1980 · Hersey, Hurley, Moore
390 So. 2d 755; 1980 Fla. App. LEXIS 17509 (Southern Reporter, Second Series)

Robinson v. State

Dissenting Opinion

HURLEY, Judge,

dissenting.

I respectfully dissent. The trial court denied defendant’s motion for post conviction relief without conducting an evidentia-ry hearing. • Since I am unable to find that the “record shows conclusively that the appellant is entitled to no relief,” Rule 9.140(g), Fla.R.App.P., I believe the matter ought to be reversed and remanded for an evidentiary hearing. See Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).

Opinion of the Court

PER CURIAM.

Affirmed.

MOORE and HERSEY, JJ., concur. HURLEY, J., dissents with opinion.

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