Witherspoon v. State

Full title: RICHARD WITHERSPOON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 8, 1992

590 So. 2d 1138 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1832.

January 8, 1992.

Appeal of order denying rule 3.850 motion from the Circuit Court for Palm Beach County; Walter N. Colbath, Jr., Judge.

Richard Witherspoon, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reverse and remand with directions that the trial court reconsider appellant's motion for post-conviction relief and either grant appellant an evidentiary hearing, or, alternatively attach to any order denying relief adequate portions of the record affirmatively demonstrating that appellant is not entitled to relief on the claims asserted.

DOWNEY, ANSTEAD and STONE, JJ., concur.