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CLEMENTS v. STATE

No. 75-1042.

340 So.2d 1183 (1976)

Frankie L. CLEMENTS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 17, 1976.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Daniel T. O'Connell, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard P. Zaretsky, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Upon due consideration of the briefs of the parties and the record herein we are of the opinion that appellant's motion to vacate pursuant to Rule 3.850 contains legally sufficient allegations which, if true, would entitle petitioner to relief. Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971). Furthermore, inasmuch as the record does not conclusively demonstrate that such allegations are not...

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