Cash v. State

Full title: ANTHONY CASH, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Apr 13, 1982

412 So. 2d 420 (Fla. Dist. Ct. App. 1982)

Opinion

Nos. 81-2664 to 81-2667.

April 13, 1982.

Appeal from the Circuit Court, Dade County, Michael H. Salmon, J.

Gerald D. Hubbart, Miami, for appellant.

Jim Smith, Atty. Gen., for appellee.

Before BARKDULL, BASKIN and JORGENSON, JJ.

PER CURIAM.

When a petitioner alleges ineffective assistance of counsel, unless the motion and the files and records in the case conclusively show that he is not entitled to relief, the petitioner is entitled to an evidentiary hearing on his Rule 3.850 motion. Meeks v. State, 382 So.2d 673 (Fla. 1980); see Brown v. State, 404 So.2d 157 (Fla. 5th DCA 1981); Fla.R.Crim.P. 3.850.

Reversed and remanded for evidentiary hearing.