Masci v. State

Full title: JOHN ROBERT MASCI, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 27, 1982

417 So. 2d 310 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-2401.

July 27, 1982.

Appeal from Circuit Court, Monroe County; Bill G. Chappell, Judge.

Paul A. Lehrman, Tallahassee, Mitchell Denker, Key West, for appellant.

Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and DANIEL S. PEARSON, JJ.

PER CURIAM.

Petitioner, pursuant to Fla.R.App.P. 9.140(g), having taken this appeal from the summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850 and this court having considered the record presented and having further determined that petitioner is entitled to a hearing on the allegations in his 3.850 motion, the denial of his motion is reversed. See Estrella v. State, 215 So.2d 489 (Fla. 3d DCA 1968); Kelly v. State, 175 So.2d 542 (Fla. 1st DCA 1965).

Remanded for further proceedings in accordance with above.

Reversed and remanded.