From Casetext: Smarter Legal Research

Austin v. State

District Court of Appeal of Florida, Third District
Jul 19, 1983
434 So. 2d 350 (Fla. Dist. Ct. App. 1983)

Opinion

No. 83-1510.

July 19, 1983.

An Appeal from Circuit Court, Dade County; Howard Gross, Judge.

Roosevelt Austin, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.


Because the appellant's motion for post-conviction relief raised one or more grounds which, if true, present a legally sufficient claim of ineffective assistance of counsel, we remand to the trial court to attach the portion of the record which conclusively shows that the defendant is not entitled to relief or to conduct an evidentiary hearing in accordance with Florida Rule of Criminal Procedure 3.850 and Walker v. State, 432 So.2d 727 (Fla. 3d DCA) (1983).


Summaries of

Austin v. State

District Court of Appeal of Florida, Third District
Jul 19, 1983
434 So. 2d 350 (Fla. Dist. Ct. App. 1983)
Case details for

Austin v. State

Case Details

Full title:ROOSEVELT AUSTIN A/K/A SCOTT ALBERT, APPELLANT, v. THE STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 19, 1983

Citations

434 So. 2d 350 (Fla. Dist. Ct. App. 1983)

Citing Cases

Fabre v. State

Heretofore we have directed the state to supply us with the transcript referred to in the trial court's…