DOWDA v. STATE

No. 82-906.

417 So.2d 1147 (1982)

Lewis DOWDA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 11, 1982.


Attorney(s) appearing for the Case

James Russo, Public Defender, and Norman D. Levin, Asst. Public Defender, Sanford, for appellant.

No appearance for appellee.


COWART, Judge.

The trial court declared appellant's pro se 3.850 motion a nullity, stating that appellant cannot file a pleading when represented by counsel and citing Sheppard v. State, 391 So.2d 346 (Fla. 5th DCA 1980). The trouble is that the rule requires that such motions be given an evidentiary hearing unless the files and records conclusively show entitlement to no relief and, when so, that such files and records be...

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