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DUTCHVILLE v. STATE

No. 67-298.

209 So.2d 696 (1968)

Eddy DUTCHVILLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida. Second District.

April 24, 1968.

Attorney(s) appearing for the Case

Joseph G. Spicola, Jr., Public Defender, and Richard C. Edwards, Asst. Public Defender, Tampa, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PER CURIAM.

Appellant seeks reversal of the summary denial of his motion for postconviction relief under Criminal Procedure Rule 1 (now Rule 1.850, 33 F.S.A.). His motion alleged that the State knowingly used perjured testimony at his trial. Such allegation is not conclusively refuted by the record. Consequently, it was sufficient to have entitled appellant to an evidentiary hearing thereon. Rayburn v. State, Fla.App. 1967, 203 So.2d 212

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