Bagley v. State

District Court of Appeal of Florida

Decided September 10, 1976

District Court of Appeal of Florida · decided 1976-09-10

Cited by 1 later decisions — most recently January 1981

1 state decisions

Relies on 224 So. 2d 447 - Brumley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-09-10

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PER CURIAM.

¶1This is an appeal from an order of the trial court denying without an evidentiary *1237hearing appellant’s motion to vacate his sentence, pursuant to Fla.R.Crim.P. 3.850. The facts alleged in the motion, when considered to be true, sufficiently state a basis for collateral relief. The record in this case does not conclusively refute the allegations of the motion. Therefore, an evidentiary hearing should have been afforded to appellant. Brumley v. State, 224 So.2d 447 (Fla. 4DCA 1969).

¶2REVERSED AND REMANDED.

MAGER, C. J., and DOWNEY and ALDERMAN, JJ., concur.