JOHNSON v. STATE

No. 78-1140.

362 So.2d 465 (1978)

Lester JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 15, 1978.


DANAHY, Judge.

Appellant filed a motion to vacate his sentence under Fla.R.Crim.P. 3.850. In that motion he alleged that a prior conviction was invalid under Gideon v. Wainwright1 and that the trial court had used the prior conviction to enhance his sentence in this case.

The trial court denied appellant's motion without an evidentiary hearing. We reverse. If the allegations contained in the motion are true,

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