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STATE v. MEARS

No. 71-596.

256 So.2d 217 (1972)

The STATE of Florida, Appellant, v. Leevy Carlton MEARS, Jr., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 24, 1972.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Richard E. Gerstein, State's Atty. and Joseph Durant, Asst. State's Atty., for appellant.

Jack R. Nageley, and Harvey S. Swickle, Miami Beach, for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PER CURIAM.

The appellee-petitioner moved, under Rule 3.850 CrPR, 33 F.S.A. to vacate a judgment and sentence earlier entered. The state seeks review of an order granting the motion and awarding a new trial; the order was entered after an evidentiary hearing.

The underlying conviction and sentence were affirmed on direct appeal, Kish v. State, Fla.App. 1966, 192 So.2d 315, and a denial of motion under Rule 1.850 CrPR (now...

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