Florida District Courts of Appeal, 1982

Bennett v. State

Florida District Courts of Appeal · Decided August 4, 1982 · Church, Cobb, Dauksch, Frank

419 So. 2d 1105; 1982 Fla. App. LEXIS 28714 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

DAUKSCH, COBB and FRANK D. UP-CHURCH; JJ., concur.

070rehearing

ON PETITION FOR REHEARING

DAUKSCH, Judge.

In his Petition for Rehearing appellant correctly points out we should have ordered the trial court to hold an evidentiary hearing to determine the truth and substance of appellant’s allegations that he was denied effective assistance of counsel at trial.

The order denying the motion for post conviction relief is reversed and this cause is remanded for an evidentiary hearing and an order, with findings of fact, either granting or denying the said motion.

REVERSED AND REMANDED.

COBB and FRANK D. UPCHURCH, JJ., concur.

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