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412 So. 2d 60

Joseph v. State

District Court of Appeal of Florida · decided 1982-04-07

Decided 1982-04-07

PER CURIAM.

¶1We conclude that the appellant’s Rule of Criminal Procedure 3.850 motion was sufficient to require an evidentiary hearing on the issue of incompetency of counsel. The order denying the motion is thus reversed and the matter remanded for an evidentia-ry hearing. Appellant’s presence at this hearing shall be at the discretion of the trial court.

¶2REVERSED AND REMANDED.

DOWNEY, BERANEK and HERSEY, JJ., concur.
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