Florida District Courts of Appeal, 1988

Brewen v. State

Brewen v. State
Florida District Courts of Appeal · Decided July 20, 1988 · Downey, Glickstein, Stone
528 So. 2d 141; 13 Fla. L. Weekly 1700; 1988 Fla. App. LEXIS 3131; 1988 WL 73617 (Southern Reporter, Second Series)

Brewen v. State

Opinion of the Court

PER CURIAM.

Appellant seeks review of an order denying his motion for post-conviction relief without an evidentiary hearing and without the attachment of portions of the record supporting denial of the motion.

It appears that a prima facie case of ineffective assistance of counsel is contained in the motion requiring the trial court to attach record support for the order denying post-conviction relief or to hold an evidentiary hearing on the motion.

Accordingly, the cause is reversed and remanded for either an evidentiary hearing or the attachment of portions of the record sufficient to support denial of the motion.

DOWNEY, GLICKSTEIN and STONE, JJ., concur.

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