Raines v. State

Full title: JOE RAINES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 14, 1995

655 So. 2d 1315 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-464.

June 14, 1995.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Alex E. Ferrer and Arthur I. Snyder, Judges.

Joe Raines, in pro. per.

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

Before JORGENSON, GERSTEN and GREEN, 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. Booker v. State, 655 So.2d 169 (Fla. 3d DCA 1995); Holmes v. State, 650 So.2d 1093 (Fla. 3d DCA 1995) (citing Hoffman v. State, 571 So.2d 449 (Fla. 1990)).

Reversed and remanded with instructions.