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State v. Johnson

District Court of Appeal of Florida, Fifth District
Mar 1, 1984
445 So. 2d 1123 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-308.

March 1, 1984.

Appeal from the Circuit Court for Orange County, Emerson R. Thompson, Jr., J.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellant.

No appearance for appellee.


The State correctly contends that the trial court should not have summarily and ex parte granted appellee's motion for relief under Fla.R.Crim.P. 3.850 without first giving notice to the prosecuting attorney and granting a hearing, as required by said rule. We therefore reverse the order granting relief, and remand the cause to the trial court for further proceedings in accordance herewith. With respect to the substantive issues raised by defendant's motion, see Ray v. State, 403 So.2d 956 (Fla. 1981), and Torrence v. State, 440 So.2d 392 (Fla. 5th DCA 1983) (en banc).

REVERSED and REMANDED.

COBB and COWART, JJ., concur.


Summaries of

State v. Johnson

District Court of Appeal of Florida, Fifth District
Mar 1, 1984
445 So. 2d 1123 (Fla. Dist. Ct. App. 1984)
Case details for

State v. Johnson

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. JOE HADEN JOHNSON, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 1, 1984

Citations

445 So. 2d 1123 (Fla. Dist. Ct. App. 1984)