Robinson v. State

Full title: HENRY E. ROBINSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 10, 1980

390 So. 2d 755 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-2395.

October 29, 1980. Rehearing Denied December 10, 1980.

Appeal from the Circuit Court for Broward County; J. Cail Lee, Judge.

J. Craig Williams, Jacksonville, for appellant.

No appearance for appellee.

PER CURIAM.

Affirmed.

MOORE and HERSEY, JJ., concur.

HURLEY, J., dissents with opinion.

HURLEY, Judge, dissenting.

I respectfully dissent. The trial court denied defendant's motion for post conviction relief without conducting an evidentiary hearing. Since I am unable to find that the "record shows conclusively that the appellant is entitled to no relief," Rule 9.140(g), Fla.R.App.P., I believe the matter ought to be reversed and remanded for an evidentiary hearing. See Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).