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Edwards v. State

District Court of Appeal of Florida, Third District
May 20, 1986
488 So. 2d 172 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-1136.

May 20, 1986.

Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Arthur I. Snyder, Judge.

Robert Alvin Edwards, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before NESBITT and DANIEL S. PEARSON and FERGUSON, JJ.


The order summarily denying the defendant's Rule 3.850 motion is reversed and the cause remanded to the trial court either to conduct an evidentiary hearing on the defendant's claim that he did not validly waive his right to be tried by a twelve person jury, or, if again denied without hearing, to attach such records in the case that will conclusively show that the defendant is entitled to no relief on his claim.

Reversed and remanded.


Summaries of

Edwards v. State

District Court of Appeal of Florida, Third District
May 20, 1986
488 So. 2d 172 (Fla. Dist. Ct. App. 1986)
Case details for

Edwards v. State

Case Details

Full title:ROBERT ALVIN EDWARDS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 20, 1986

Citations

488 So. 2d 172 (Fla. Dist. Ct. App. 1986)