Florida District Courts of Appeal, 1982

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided June 23, 1982 · Anstead, Downey, Walden
415 So. 2d 165; 1982 Fla. App. LEXIS 20811 (Southern Reporter, Second Series)

Jones v. State

Opinion of the Court

PER CURIAM.

It does not conclusively appear from the portions of the files and records of the case attached to the trial court’s order that appellant is entitled to no relief and, thus, it is incumbent upon the trial court to hold an evidentiary hearing to make that determination.

Accordingly, the order appealed from is reversed and the cause is remanded with directions to hold an evidentiary hearing.

DOWNEY and WALDEN, JJ., concur. ANSTEAD, J., dissents without opinion.

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