Florida District Courts of Appeal, 1986

Everett v. State

Florida District Courts of Appeal · Decided August 6, 1986 · No. 85-2640 · Dell, Glickstein, Letts

491 So. 2d 1311; 11 Fla. L. Weekly 1715; 1986 Fla. App. LEXIS 9249 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Carroll v. Kencher, Inc. (Fla. Dist. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal from summary denial of a motion made pursuant to Florida Rule of Criminal Procedure 3.850. There are a number of allegations which have not been refuted by any part of the record provided us on appeal and which, if proven to be true, may well constitute ineffective assist-anee of counsel. Specifically, petitioner’s allegations numbered one, five, six, eleven, sixteen, nineteen and twenty have not been adequately refuted by the portions of the record provided on appeal. Accordingly, we reverse and remand with direction to conduct an evidentiary hearing.

LETTS, GLICKSTEIN and DELL, JJ., concur.

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