Opinion
Case No. 4D98-4215.
Opinion filed May 30, 2001.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T. Case No. 89-16703CF10A.
Carey Haughwout, Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.
On appeal, the state concedes that an evidentiary hearing is required to resolve the issues raised in Hoyt Patterson's postconviction motion. We agree. The order summarily denying Patterson's motion is reversed, and the case is remanded to the trial court with direction to hold an evidentiary hearing to resolve his claim.
WARNER, C.J., STONE and HAZOURI, JJ., concur.