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Pierre v. State

District Court of Appeal of Florida, Third District
May 16, 2001
785 So. 2d 686 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D00-2566.

Opinion filed May 16, 2001.

An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Scott Silverman, Judge. Lower Tribunal No. 95-25295.

Jimmy Pierre, in proper person. Robert A. Butterworth, Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellee.

Before Jorgenson, Cope and Fletcher, JJ.


Because the record now before us does not conclusively refute the claim set forth in the "addendum" to the appellant's motion for postconviction relief, we reverse that part of the trial court order which denies relief on that issue and remand for a hearing, or for the court to attach record excerpts conclusively refuting the appellant's claim. See Fla.R.App.P. 9.141(b)(2)(D). We affirm the denial of relief on the remaining issues.

Affirmed in part, reversed in part and remanded for further proceedings consistent herewith.


Summaries of

Pierre v. State

District Court of Appeal of Florida, Third District
May 16, 2001
785 So. 2d 686 (Fla. Dist. Ct. App. 2001)
Case details for

Pierre v. State

Case Details

Full title:JIMMY PIERRE, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 16, 2001

Citations

785 So. 2d 686 (Fla. Dist. Ct. App. 2001)