Booker v. State

Full title: JAMES BOOKER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 21, 1995

655 So. 2d 169 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-455.

May 10, 1995. Rehearing Denied June 21, 1995.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Thomas M. Carney, Judge.

Bennett H. Brummer, Public Defender and Andrew M. Kassier, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., for appellee.

Before BASKIN, LEVY and GODERICH, JJ.

PER CURIAM.

On this 3.850 motion, disposed of without evidentiary hearing, we reverse and remand for the trial court to hold an evidentiary hearing or attach portions of the record demonstrating the defendant is not entitled to relief on the refusal to permit testimony issue, Holmes v. State, 650 So.2d 1093 (Fla. 3d DCA 1995). Remaining allegations are facially insufficient.

Reversed and remanded in part, affirmed in part.