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Fuller v. State

District Court of Appeal of Florida, Third District
May 23, 1974
294 So. 2d 711 (Fla. Dist. Ct. App. 1974)

Opinion

No. 74-130.

May 23, 1974.

Appeal from Circuit Court, Dade County; Edward D. Cowart, Judge.

Phillip A. Hubbart, Public Defender, and Roy S. Wood, Jr., Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Linda C. Hertz, Asst. Atty. Gen., for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.


This appeal seeks review of a summary denial of a motion filed pursuant to CrPR 3.850, 33 F.S.A. The State has conceded that the trial court erred in failing to grant an evidentiary hearing in light of the allegations made in the motion to vacate.

Following a review of Rodriguez v. State, Fla.App. 1965, 176 So.2d 516, and Taylor v. United States, 8th Cir. 1960, 282 F.2d 16, it appears that the trial judge did err in the ruling under review. Therefore, the order summarily denying the motion to vacate be and the same is hereby reversed and the matter is returned to the trial court, with directions to grant the appellant, Robert Fuller, a hearing and such other proceedings as the trial court may deem necessary under the circumstances.

Reversed and remanded, with directions.


Summaries of

Fuller v. State

District Court of Appeal of Florida, Third District
May 23, 1974
294 So. 2d 711 (Fla. Dist. Ct. App. 1974)
Case details for

Fuller v. State

Case Details

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

Court:District Court of Appeal of Florida, Third District

Date published: May 23, 1974

Citations

294 So. 2d 711 (Fla. Dist. Ct. App. 1974)