Morgan v. State

Full title: STANLEY MORGAN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jun 16, 1982

414 So. 2d 233 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-678.

May 4, 1982. Rehearing Denied June 16, 1982.

Appeal from Circuit Court, Dade County; Ellen Morphonios Gable, Judge.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., for appellee.

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

PER CURIAM.

Petitioner, pursuant to Fla.R.App.P. 9.140(g), has taken this appeal from the summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850. The motion to vacate, the files and record in this case fail to conclusively show the petitioner is not entitled to relief, and he is therefore entitled to an evidentiary hearing on his Rule 3.850 motion. See, Francis v. State, 413 So.2d 1175 (Fla. 1982), 7 FLW 186; Ivory v. State, 351 So.2d 26 (Fla. 1977); Cole v. State, 181 So.2d 698 (Fla. 3d DCA 1966); Holzapfel v. State, 120 So.2d 195 (Fla. 3d DCA 1960).

Reversed and remanded for evidentiary hearing.