775 So. 2d 434
District Court of Appeal of Florida
Decided January 19, 2001
District Court of Appeal of Florida · decided 2001-01-19
Cited by 1 later decisions — most recently March 2004
1 state decisions
Relies on 756 So. 2d 42 - Peart v. State · 771 So. 2d 1143 - May v. Illinois Nat. Ins. Co.
Good law ✅— No negative treatment on recordhow we know
Decided 2001-01-19
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¶1As we did in Dobi v. State, No. 5D00-2422, 771 So.2d 1177 (Fla. 5th DCA Nov.7, 2000), we reverse the dismissal of appellant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.850, which raises a claim under Peart v. State, 756 So.2d 42 (Fla.2000) and remand for the trial court either to attach records refuting the claim or hold an evidentiary hearing.
¶2REVERSED and REMANDED.