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Sobel v. State

District Court of Appeal of Florida, Fourth District
Jul 27, 1988
527 So. 2d 855 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-0190.

June 8, 1988. Rehearing Denied July 27, 1988.

Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Thomas M. Coker, Jr., Judge.

Richard L. Jorandby, Public Defender, and Craig S. Barnard, Chief Asst. Public Defender, West Palm Beach, (withdrawn per court order), for appellant.

No appearance required for appellee.


This is an appeal from an order, summarily denying appellant's motion for post-conviction relief. We reverse and remand.

The dissent in Sobel v. State, 437 So.2d 144 (Fla. 1983), spelled out originally what allegedly occurred here. In our view appellant is entitled to an evidentiary hearing upon her sworn, forty-four page motion. Knight v. State, 394 So.2d 997 (Fla. 1981). Upon remand, counsel shall be appointed to represent appellant in the trial court. Appellate counsel is unnecessary for the current review.

HERSEY, C.J., and LETTS and GLICKSTEIN, JJ., concur.


Summaries of

Sobel v. State

District Court of Appeal of Florida, Fourth District
Jul 27, 1988
527 So. 2d 855 (Fla. Dist. Ct. App. 1988)
Case details for

Sobel v. State

Case Details

Full title:DAWN ANN SOBEL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 27, 1988

Citations

527 So. 2d 855 (Fla. Dist. Ct. App. 1988)