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Rosario v. State

District Court of Appeal of Florida, Fourth District
Jul 20, 1994
639 So. 2d 201 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-1406.

July 20, 1994.

Appeal of order denying rule 3.850 motion from the Circuit Court for St. Lucie County; Cynthia G. Angelos, Judge.

Michael J. Kessler of Michael J. Kessler, P.A., Fort Pierce, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michelle A. Konig, Asst. Atty. Gen., West Palm Beach, for appellee.


We reverse and remand for an evidentiary hearing on the trial court's denial of appellant's criminal rule 3.850 motion. Although the trial court did include in its order of denial references to the record which was attached, these references do not establish conclusively that appellant is not entitled to relief. Therefore we reverse.

PARIENTE, J., concurs.

GUNTHER, J., dissents without opinion.


Summaries of

Rosario v. State

District Court of Appeal of Florida, Fourth District
Jul 20, 1994
639 So. 2d 201 (Fla. Dist. Ct. App. 1994)
Case details for

Rosario v. State

Case Details

Full title:JAMIE ROSARIO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 20, 1994

Citations

639 So. 2d 201 (Fla. Dist. Ct. App. 1994)