RODRIGUEZ v. STATE

No. 3D99-3055.

777 So.2d 1143 (2001)

Jose RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 14, 2001.


Attorney(s) appearing for the Case

Mary Catherine Bonner (Ft.Lauderdale), for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Linda S. Katz, Assistant Attorney General, Miami, for appellee.

Before LEVY, FLETCHER, and RAMIREZ, JJ.


PER CURIAM.

Defendant appeals from a trial court Order denying his Rule 3.850 Motion for Post Conviction Relief claiming that the trial court denied post-conviction relief without an evidentiary hearing where the Record does not refute defendant's allegations. We agree with part of defendant's points on appeal and remand for an evidentiary hearing on those claims.

Florida Rule of Criminal Procedure 3.850 provides that "[i]f the motion, files, and records in...

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