Petitioner, pursuant to Fla.R.App.P. 9.140(g), has taken this appeal from the summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850. The motion to vacate, the files and record in this case fail to conclusively show the petitioner is not entitled to relief, and he is therefore entitled to an evidentiary hearing on his Rule 3.850 motion. See, Francis v. State,
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MORGAN v. STATE
No. 82-678.
414 So.2d 233 (1982)
Stanley MORGAN, Appellant, v. The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.https://leagle.com/images/logo.png
May 4, 1982.
Rehearing Denied June 16, 1982.
Attorney(s) appearing for the Case
Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., for appellee.
Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.
District Court of Appeal of Florida, Third District.
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