ALFONSO v. STATE

Nos. 74-1363, 74-1364.

319 So.2d 49 (1975)

Clyde ALFONSO, Appellant, v. STATE of Florida, Appellee. Benjamin ALFONSO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 3, 1975.


Attorney(s) appearing for the Case

James A. Gardner, Public Defender, Sarasota, and Harold H. Moore, Asst. Public Defender, and Dennis J. Plews, Legal Intern, Bradenton, for appellants.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


McNULTY, Chief Judge.

Clyde and Benjamin Alfonso appeal from an order denying their motion for post-conviction relief filed pursuant to Rule 3.850, RCrP. We reverse.

The basis of the motion is incompetence of trial counsel. The trial court determined that the allegations were sufficient to warrant a hearing on that issue; but only the original trial judge, the prosecutor, and the two allegedly incompetent defense counsel were present at such hearing. Neither...

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