Bagley v. State

336 So. 2d 1236 | Fla. Dist. Ct. App. | 1976

PER CURIAM.

This is an appeal from an order of the trial court denying without an evidentiary hearing appellant’s motion to vacate his sentence, pursuant to Fla.R.Crim.P. 3.850. The facts alleged in the motion, when considered to be true, sufficiently state a basis for collateral relief. The record in this case does not conclusively refute the allegations of the motion. Therefore, an evidentiary hearing should have been afforded to appellant. Brumley v. State, 224 So.2d 447 (Fla. 4DCA 1969).

REVERSED AND REMANDED.

MAGER, C. J., and DOWNEY and ALDERMAN, JJ., concur.

Case Details

Case Name: Bagley v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 10, 1976

Citation: 336 So. 2d 1236

Docket Number: No. 75-1366

Court Abbreviation: Fla. Dist. Ct. App.