ULVANO v. STATE

No. 83-1806.

479 So.2d 809 (1985)

Louis Vance ULVANO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 10, 1985.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Renee Ruska Pelzman and Nancy Wear, Asst. Attys. Gen., for appellee.

Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.


PER CURIAM.

The appellant, defendant in the trial court, subsequent to his conviction and sentence, filed a Rule 3.850, Florida Rules of Criminal Procedure motion alleging his attorney's conflict of interest and incompetency. The trial court ordered an evidentiary hearing and then proceeded to conduct it without the presence of the defendant or counsel on his behalf. The motion was denied. We find error and reverse for a new hearing.

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