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McCoggle v. State

District Court of Appeal of Florida, Fourth District
Oct 27, 1999
748 So. 2d 309 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-303.

Opinion filed October 27, 1999.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Marc A. Cianca, Judge; L.T. No. 94-615 CFD.

Colby McCoggle, Avon Park, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.


We reverse the trial court's order summarily denying relief under rule 3.850. The order and its attachments do not conclusively refute the sworn allegations of the motion for postconviction relief.

WARNER, C.J., GUNTHER and FARMER, JJ., concur.


Summaries of

McCoggle v. State

District Court of Appeal of Florida, Fourth District
Oct 27, 1999
748 So. 2d 309 (Fla. Dist. Ct. App. 1999)
Case details for

McCoggle v. State

Case Details

Full title:COLBY McCOGGLE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 27, 1999

Citations

748 So. 2d 309 (Fla. Dist. Ct. App. 1999)

Citing Cases

Wittemen v. State

We accordingly reverse. See McCoggle v. State, 748 So.2d 309 (Fla. 4th DCA 1999). On remand, the court shall…