Opinion
No. BC-488.
August 9, 1985.
Appeal from the Circuit Court for Bradford County; R.A. Green, Jr., Judge.
Bernard Larkins, in pro. per.
Jim Smith, Atty. Gen. and Carl J. Zahner, Asst. Atty. Gen., for appellee.
Bernard Larkins appeals the summary dismissal of his petition for writ of habeas corpus. Because Larkins' petition states a preliminary basis for relief which was not refuted by the State, we reverse and remand with directions to issue a rule to show cause why the petition should not be granted. See: Parker v. Cook, et al., 642 F.2d 865 (5th Cir. 1981); Granger v. Florida State Prison, 424 So.2d 937 (Fla. 1st DCA 1983); Costello v. Strickland, 418 So.2d 443 (Fla. 1st DCA 1982).
Reversed and remanded with directions.
ERVIN, SHIVERS and JOANOS, JJ., concur.