RECTOR v. STATE

No. 95-3374.

668 So.2d 1104 (1996)

Martin Wayne RECTOR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 6, 1996.


Attorney(s) appearing for the Case

Martin Wayne Rector, Arcadia, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.


GUNTHER, Chief Judge.

Appellant, Martin Wayne Rector, defendant below (Defendant), appeals a summary denial of his rule 3.850 motion without an evidentiary hearing and an order denying Defendant's motion for rehearing. We reverse because the trial court erred in finding that Defendant's rule 3.850 motion was untimely filed and an evidentiary hearing should have been held on Defendant's allegations of ineffective assistance of counsel.

A judgment and sentence...

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