GARDNER v. STATE

No. 72-30.

276 So.2d 501 (1973)

Donald GARDNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 25, 1973.


Attorney(s) appearing for the Case

Walter N. Colbath, Jr., Public Defender, and Carl V.M. Coffin, Asst. Public Defender, West Palm Beach, for appellant.

Robert I. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

A review of the totality of the circumstances surrounding the institution of this appeal when measured by the standards of justice and fair play leads us to the conclusion that the order of the trial court should be reversed and the cause remanded with the respectful request that there be set forth those portions of the record which refute the appellant's right to an evidentiary hearing; or, alternatively, in lieu of the foregoing that an evidentiary hearing...

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