301 So. 2d 489 | Fla. Dist. Ct. App. | 1974
The appellant, James William Josey, has brought a timely appeal from a denial, without hearing, of his Rule 3.850, CrPR, motion filed in the circuit court. The appellant’s conviction was affirmed in an appeal on the merits by this court in Josey v. State, Fla.App.2d, 1973, 284 So.2d 704.
In his pro se efforts in this cause Josey contends he was deprived of his constitutional right to have compulsory process for witnesses
We cannot here, on appeal, determine whether Josey’s . counsel was grossly incompetent
These questions can only be resolved after a full evidentiary hearing in the circuit court.
Reversed and remanded.
. Article 1, Section 16, Constitution of Florida, 1968.
. Thomas v. State, Fla.App.2nd, 1964, 164 So.2d 857.
. Bankston v. State, Fla.App.2nd, 1973, 279 So.2d 326.
.Joe Ward was under subpoena by the state. When it became apparent shortly before the trial commenced that Ward would not appear, the defense issued an instanter subpoena for Ward. The trial was completed in one day.