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PRESLEY v. STATE

No. 75-330.

347 So.2d 731 (1977)

Robert J. PRESLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 17, 1977.

Attorney(s) appearing for the Case

Emmett A. Moran, Altamonte Springs, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant, Robert J. Presley, seeks reversal of a summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850. His motion alleged that the state knowingly used perjured testimony at the trial. Such allegation is not conclusively refuted by the record. Consequently, it was sufficient to have entitled appellant to an evidentiary hearing thereon. Rayburn v. State, 203 So.2d 212 (Fla.2d DCA 1967...

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