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436 So. 2d 410

Sullivan v. State

District Court of Appeal of Florida

Decided August 19, 1983

District Court of Appeal of Florida · decided 1983-08-19

Decided 1983-08-19

PER CURIAM.

¶1Sullivan appeals the lower court’s denial of his motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850, wherein he alleged, among other grounds, ineffectiveness of counsel. As no portion of the record on appeal conclusively reveals that Sullivan is entitled to no relief, we remand this cause to the trial court for an evidentiary hearing with respect to the issue of effectiveness of counsel. The trial court need not address any of Sullivan’s other allegations.

¶2REVERSED AND REMANDED.

ERVIN, C.J., and WENTWORTH, J., concur. NIMMONS, J., dissents.
NIMMONS, Judge,

¶3dissenting.

¶4Appellant’s motion fails to allege facts which, if proved, would establish ineffective assistance of counsel. In my view, the trial court correctly denied the motion without an evidentiary hearing.

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