HARTLEY v. STATE

No. 80-2274.

392 So.2d 1036 (1981)

Oliver HARTLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 28, 1981.


PER CURIAM.

We reverse and set aside the summary denial of appellant's Rule 3.850 motion. The lower judge erroneously noted under his denial that the case was on appeal and he apparently denied the motion, believing that he was without jurisdiction to hear it. Because no appeal appears in this case we remand to the lower court for an evidentiary hearing on appellant's Rule 3.850 motion.

REVERSED and REMANDED.

BOARDMAN, Acting C.J., and OTT and CAMPBELL...

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