Brown v. State

Full title: JUNIOR BROWN, Appellant, v. THE STATE OF FLORIDA, Appellee. 84-21948

Court: District Court of Appeal of Florida, Third District

Date published: Mar 14, 2001

778 So. 2d 1100 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D00-3386.

Opinion filed March 14, 2001.

An Appeal from the Circuit Court for Dade County, Roberto Pineiro, Judge. Lower Tribunal Nos. 86-8018.

Bennett H. Brummer, Public Defender and Andrew Stanton, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.

PER CURIAM.

As the state candidly conceded at oral argument, the defendant's Rule 3.850 motion presented a prima facie case of his right to relief under Peart v. State, 756 So.2d 42 (Fla. 2000). Accordingly, the order below denying the motion without hearing is reversed and the cause is remanded for further proceedings.