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390 So. 2d 755

Robinson v. State

District Court of Appeal of Florida

Decided October 29, 1980

District Court of Appeal of Florida · decided 1980-10-29

Relies on 384 So. 2d 736 - Jones v. State

Decided 1980-10-29

HURLEY, Judge,

¶1dissenting.

¶2I respectfully dissent. The trial court denied defendant’s motion for post conviction relief without conducting an evidentia-ry hearing. • Since I am unable to find that the “record shows conclusively that the appellant is entitled to no relief,” Rule 9.140(g), Fla.R.App.P., I believe the matter ought to be reversed and remanded for an evidentiary hearing. See Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).

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