Opinion
No. 86-711.
December 30, 1986.
An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Philip Bloom, Judge.
Max P. Engel and Kenneth P. Speiller, Miami, for appellant.
Jim Smith, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., and Mark Sussman, Certified Legal Intern, for appellee.
Before BASKIN, DANIEL S. PEARSON and FERGUSON, JJ.
Pursuant to a motion by the state conceding that the defendant was entitled to an evidentiary hearing, this court relinquished jurisdiction to the trial court "for the purposes stated in the motion." Upon remand, the trial court, in contravention of our directive, entered an order denying defendant relief without conducting an evidentiary hearing. Because the trial court's action was not in compliance with our ruling, we reverse and remand for implementation of our order.
Reversed and remanded.