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349 So. 2d 226

Martin v. State

District Court of Appeal of Florida · decided 1977-08-09

Cited by 1 later decisions — most recently June 1981

1 state decisions

Relies on Barfield v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-08-09

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LETTS, Judge.

¶1We are compelled to reverse the trial judge’s order denying the defendant’s Fla.R.Crim.P. 3.850 motion, without a hearing, upon the authority of Barfield v. State, 348 So.2d 621, Opinion filed July 8, 1977 (Fla. 4th DCA). It would appear that Bar-field mandates an evidentiary hearing “. . . unless the motion or record conclusively shows that the movant is entitled to no relief.”

¶2Reversed and remanded for an evidentia-ry hearing on the appellant’s motion.

DAUKSCH, J., concurs.DOWNEY, J., dissents, with opinion.
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