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EBY v. STATE

No. 73-714.

306 So.2d 602 (1975)

Richard Lee EBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 29, 1975.

Attorney(s) appearing for the Case

Herbert T. Schwartz, of Schwartz, Schwartz & LoPucki, Gainesville, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

McNULTY, Chief Judge.

Eby appeals from an order denying his motion for post-conviction relief filed pursuant to Rule 3.850, RCrP. The basis of his motion is incompetence of trial counsel and the court below properly determined that the allegations were sufficient to require a hearing on the issues framed. The court refused, however, to issue a writ of habeas corpus ad testificandum directed to the state prison officials which would have secured appellant's...

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