Florida District Courts of Appeal, 1982

Joseph v. State

Joseph v. State
Florida District Courts of Appeal · Decided April 7, 1982 · Beranek, Downey, Hersey
412 So. 2d 60; 1982 Fla. App. LEXIS 29191 (Southern Reporter, Second Series)

Joseph v. State

Opinion of the Court

PER CURIAM.

We conclude that the appellant’s Rule of Criminal Procedure 3.850 motion was sufficient to require an evidentiary hearing on the issue of incompetency of counsel. The order denying the motion is thus reversed and the matter remanded for an evidentia-ry hearing. Appellant’s presence at this hearing shall be at the discretion of the trial court.

REVERSED AND REMANDED.

DOWNEY, BERANEK and HERSEY, JJ., concur.

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