Pardee v. State

Full title: RAYMOND E. PARDEE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Dec 17, 1979

382 So. 2d 325 (Fla. Dist. Ct. App. 1979)

Opinion

No. OO-363.

December 17, 1979.

Appeal from Circuit Court, Alachua County; R.A. Green, Jr., Judge.

Raymond E. Pardee, in pro per.

Jim Smith, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Affirmed.

BOOTH and SHIVERS, JJ., concur.

ROBERT P. SMITH, Jr., J., dissents.

ROBERT SMITH, Jr., J., dissenting:

On this appeal from an order of the trial court denying Pardee's Rule 3.850 motion, I think the record before the trial court and before this court does not conclusively show that Pardee is entitled to no relief. I do not consider it our function to pass on the credibility of Pardee's improbable assertions. Therefore, in my opinion, an evidentiary hearing is required.