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.
Affirmed.
BOOTH and SHIVERS, JJ., concur.
ROBERT P. SMITH, Jr., J., dissents.
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.