MARTIN v. STATE

No. 76-2146.

349 So.2d 226 (1977)

Rayford MARTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 9, 1977.


Attorney(s) appearing for the Case

Nelson E. Bailey of Bailey & Brown, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Paul H. Zacks, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Judge.

We are compelled to reverse the trial judge's order denying the defendant's Fla.R.Crim.P. 3.850 motion, without a hearing, upon the authority of Barfield v. State, 348 So.2d 621, Opinion filed July 8, 1977 (Fla. 4th DCA). It would appear that Barfield mandates an evidentiary hearing "... unless the motion or record conclusively shows that the movant is entitled to no relief."

Reversed and...

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