SCARBOROUGH v. STATE

No. 94-1912.

654 So.2d 300 (1995)

James Allen SCARBOROUGH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 5, 1995.


Attorney(s) appearing for the Case

James T. Miller of Corse, Bell & Miller, Jacksonville, for appellant.

Robert A. Butterworth, Atty. Gen. and Edward C. Hill, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Upon review of the record, we determine that the trial court properly denied the 1994 motion for post-conviction relief. Appellee, however, properly concedes that appellant is entitled to a new hearing on his 1974 motion for post-conviction relief, because appellant was not present at the original hearing, nor was he advised of his right to take an appeal. Clark v. State, 491 So.2d 545 (Fla. 1986); Shevin v...

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