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Bennett v. State

District Court of Appeal of Florida, Fifth District
Sep 29, 1982
419 So. 2d 1105 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-998.

August 4, 1982. On Rehearing September 29, 1982.

3.850 Appeal from Circuit Court, Orange County; Lon S. Cornelius, Jr., Judge.

William Henry Bennett, in pro. per.

No appearance for appellee.


AFFIRMED.

DAUKSCH, COBB and FRANK D. UPCHURCH, JJ., concur.


ON PETITION FOR REHEARING


In his Petition for Rehearing appellant correctly points out we should have ordered the trial court to hold an evidentiary hearing to determine the truth and substance of appellant's allegations that he was denied effective assistance of counsel at trial.

The order denying the motion for post conviction relief is reversed and this cause is remanded for an evidentiary hearing and an order, with findings of fact, either granting or denying the said motion.

REVERSED AND REMANDED.

COBB and FRANK D. UPCHURCH, JJ., concur.


Summaries of

Bennett v. State

District Court of Appeal of Florida, Fifth District
Sep 29, 1982
419 So. 2d 1105 (Fla. Dist. Ct. App. 1982)
Case details for

Bennett v. State

Case Details

Full title:WILLIAM HENRY BENNETT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Sep 29, 1982

Citations

419 So. 2d 1105 (Fla. Dist. Ct. App. 1982)