Mullis v. State

Full title: JEFFREY RAY MULLIS, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Feb 16, 2000

749 So. 2d 1273 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 3D98-3317.

February 16, 2000.

An Appeal under Florida Rule of Appellate Procedure 9.140(i) from the Circuit Court for Dade County, Robert N. Scola, Jr., Judge; Lower Tribunal No. 93-34409.

Richard A. Moore; Arthur Joel Berger, for appellant.

Robert A. Butterworth, Attorney General, and Margaret A. Brenan, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.

PER CURIAM.

We reverse the order summarily denying defendant's motion for post-conviction relief. Fla. R. Crim. P. 3.850. The record does not conclusively show that defendant was not entitled to relief on the voluntary intoxication ground. See Joyner v. State, 728 So.2d 329 (Fla. 3d DCA 1999). We therefore reverse the order and remand for an evidentiary hearing.

Reversed and remanded.