State v. Burton

Full title: THE STATE OF FLORIDA, APPELLANT, v. DAVID BURTON, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 17, 1995

654 So. 2d 672 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2205.

May 17, 1995.

An appeal from the Circuit Court for Dade County; Thomas S. Wilson, Jr., Judge.

Robert A. Butterworth, Atty. Gen., and Paul M. Gayle-Smith, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Jacqueline Schwartz, Sp. Asst. Public Defender, for appellee.

Before HUBBART, BASKIN and COPE, JJ.

PER CURIAM.

Defendant-appellee's motion in the trial court was in substance a motion seeking relief under Florida Rule of Criminal Procedure 3.850, see Venuto v. State, 615 So.2d 255, 256 (Fla. 3d DCA 1993), which the trial court granted after evidentiary hearing. The order is affirmed, contingent on defendant's supplying the necessary verification of his Rule 3.850 motion on remand.

Affirmed.