Opinion
No. 82-529.
April 7, 1982.
Rule 3.850 appeal from Circuit Court, Palm Beach County; James T. Carlisle, Acting Circuit Court Judge.
Andrew Joseph, Sr., pro se.
No appearance required for appellee.
We conclude that the appellant's Rule of Criminal Procedure 3.850 motion was sufficient to require an evidentiary hearing on the issue of incompetency of counsel. The order denying the motion is thus reversed and the matter remanded for an evidentiary hearing. Appellant's presence at this hearing shall be at the discretion of the trial court.
REVERSED AND REMANDED.
DOWNEY, BERANEK and HERSEY, JJ., concur.