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Brown v. State

District Court of Appeal of Florida, Third District
Nov 15, 2000
770 So. 2d 1285 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D00-1131.

Opinion filed November 15, 2000.

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Jerald Bagley, Judge, Lower Tribunal No. 95-3763.

REVERSED and REMANDED.

Clarence Brown, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, COPE and GODERICH, JJ.


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 Nelson hearing that was held before trial. Because testimony at the Nelson hearing did not fully address the factual issues raised in the defendant's 3.850 motion and sworn affidavit, we reverse and remand for an evidentiary hearing. Gordon v. State, 608 So.2d 925 (Fla. 3d DCA 1992).

Nelson v. State, 274 So.2d 256 (Fla. 1973).


Summaries of

Brown v. State

District Court of Appeal of Florida, Third District
Nov 15, 2000
770 So. 2d 1285 (Fla. Dist. Ct. App. 2000)
Case details for

Brown v. State

Case Details

Full title:CLARENCE BROWN, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 15, 2000

Citations

770 So. 2d 1285 (Fla. Dist. Ct. App. 2000)

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