Dobi v. State

Full title: ZOLTAN DOBI, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 19, 2001

775 So. 2d 434 (Fla. Dist. Ct. App. 2001)

Opinion

No. 5D00-2831.

Opinion filed January 19, 2001.

Appeal from the Circuit Court for Seminole County, Nancy F. Alley, Judge.

REVERSED and REMANDED.

Zoltan Dobi, Perry, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

As we did in Dobi v. State, No. 5D00-2422 (Fla. 5th DCA Nov. 7, 2000), we reverse the dismissal of appellant's motion filed pursuant to Florida Rule of Criminal Procedure 3.850, which raises a claim under Peart v. State, 756 So.2d 42 (Fla. 2000) and remand for the trial court either to attach records refuting the claim or hold an evidentiary hearing.

Sharp, W., Harris and Sawaya, JJ., Concur.