Florida District Courts of Appeal, 1994

Bacallao v. State

Bacallao v. State
Florida District Courts of Appeal · Decided April 6, 1994 · Glickstein, Hersey, Stone
634 So. 2d 313; 1994 Fla. App. LEXIS 3259; 1994 WL 112210 (Southern Reporter, Second Series)

Bacallao v. State

Opinion of the Court

PER CURIAM.

In this appeal from summary denial of a motion for post-conviction relief we reverse and remand for the trial court either to hold an evidentiary hearing on appellant’s third claim for relief, or to attach to the order denying the motion those parts of the record that will conclusively demonstrate that appellant is not entitled to prevail on that claim.

With reference to appellant’s fourth claim, we reverse for correction of the sentences as conceded by the state.

In all other respects, we affirm the order on appeal.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

HERSEY, GLICKSTEIN and STONE, JJ., concur.

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