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340 So. 2d 1183

Clements v. State

District Court of Appeal of Florida

Decided December 17, 1976

District Court of Appeal of Florida · decided 1976-12-17

Cited by 1 later decisions — most recently January 1980

1 state decisions

Relies on Santobello v. New York · 280 So. 2d 703 - McClendon v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Decided 1976-12-17

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PER CURIAM.

¶1Upon due consideration of the briefs of the parties and the record herein we are of the opinion that appellant’s motion to vacate pursuant to Rule 3.850 contains legally sufficient allegations which, if true, would entitle petitioner to relief. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). Furthermore, inasmuch as the record does not conclusively demonstrate that such allegations are not true an evidentiary hearing is required. McClendon v. Wainwright, 280 So.2d 703 (Fla. 4th DCA 1973).

¶2REVERSED AND REMANDED to the trial court for further proceedings.

MAGER, Ci J., and CROSS and ALDERMAN, JJ., concur.
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