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Davis v. State

District Court of Appeal of Florida, Fourth District
Apr 12, 1989
540 So. 2d 943 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-0057.

April 12, 1989.

Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; M. Daniel Futch, Jr., Judge.

Charles Davis, Polk City, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Amy Lynn Diem, Asst. Atty. Gen., West Palm Beach, for appellee.


This is an appeal from summary denial of a motion for relief under rule 3.850, Florida Rules of Criminal Procedure. The motion complains of ineffective assistance of trial counsel. Finding that the motion was legally sufficient, we reverse and remand with directions either to attach to the order those portions of the record which refute appellant's claims or to hold an evidentiary hearing. Squires v. State, 513 So.2d 138 (Fla. 1987); Taylor v. State, 505 So.2d 28 (Fla. 4th DCA 1987).

REVERSED AND REMANDED.

HERSEY, C.J., and GLICKSTEIN and WALDEN, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, Fourth District
Apr 12, 1989
540 So. 2d 943 (Fla. Dist. Ct. App. 1989)
Case details for

Davis v. State

Case Details

Full title:CHARLES DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 12, 1989

Citations

540 So. 2d 943 (Fla. Dist. Ct. App. 1989)

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