¶1As the state candidly conceded at oral argument, the defendant’s Rule 3.850 motion presented a prima facie case of his right to relief under Peart v. State, 756 So.2d 42 (Fla.2000). Accordingly, the order below denying the motion without hearing is reversed and the cause is remanded for further proceedings.
778 So. 2d 1100
Brown v. State
District Court of Appeal of Florida
Decided March 14, 2001
District Court of Appeal of Florida · decided 2001-03-14
Relies on 756 So. 2d 42 - Peart v. State
Decided 2001-03-14