BROWN v. STATE

No. 3D00-1131.

770 So.2d 1285 (2000)

Clarence BROWN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 15, 2000.


Attorney(s) appearing for the Case

Clarence Brown, in proper person.

Robert A, Butterworth, Attorney General, for appellee.

Before JORGENSON, COPE and GODERICH, JJ.


PER CURIAM

The defendant contends that the trial court erred by denying his 3.850 motion without an evidentiary hearing. We agree.

The defendant filed a 3.850 motion alleging that he received ineffective assistance of counsel because his counsel failed to conduct an adequate pre-trial investigation. The trial court summarily denied the motion relying on the transcript of defense counsel's testimony given at a Nelson1 hearing...

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