DAVIS v. STATE

No. 92-2390.

624 So.2d 282 (1993)

Kern Ron DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 19, 1993.


Attorney(s) appearing for the Case

Holland and Knight and Manuel L. Dobrinsky, Miami, for appellant.

Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellee.

Before HUBBART, FERGUSON and GODERICH, JJ.


FERGUSON, Judge.

The dispositive issue presented in this appeal from an order denying post-conviction relief after an evidentiary hearing is whether pre-hearing discovery is available to a petitioner on a motion which alleges ineffective assistance of counsel.

Davis was convicted of armed robbery of a drive-in convenience store. The single question at trial was whether the theft was committed with the use of any firearm or weapon. The defendant admitted that...

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