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Posey v. State

District Court of Appeal of Florida, First District
Mar 19, 1984
447 So. 2d 394 (Fla. Dist. Ct. App. 1984)

Opinion

No. AW-298.

March 19, 1984.

Appeal from the Circuit Court, Bay County, N. Russell Bower, J.

Bobby Gerald Posey, pro se.

Jim Smith, Atty. Gen., for appellee.


Posey appeals the summary denial of his motion for post conviction relief pursuant to Fla.R.Crim.P. 3.850. His motion alleged in part that his plea of nolo contendere was improperly coerced because evidence was withheld from him. He also alleged that he was denied effective assistance of counsel because his public defender waived his right to speedy trial against his express wishes. These allegations, if true, might entitle appellant to the relief sought. Therefore, it was error for the trial court to summarily deny the motion, and this cause is reversed and remanded with instructions that the trial court either attach portions of the record which conclusively show that appellant is entitled to no relief or conduct an evidentiary hearing and rule on the allegations presented in the motion.

Reversed and remanded with instructions.

MILLS and WENTWORTH, JJ., and McCORD, Jr. (Ret.), Associate Judge, concur.


Summaries of

Posey v. State

District Court of Appeal of Florida, First District
Mar 19, 1984
447 So. 2d 394 (Fla. Dist. Ct. App. 1984)
Case details for

Posey v. State

Case Details

Full title:BOBBY GERALD POSEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 19, 1984

Citations

447 So. 2d 394 (Fla. Dist. Ct. App. 1984)