From Casetext: Smarter Legal Research

Marsh v. State

District Court of Appeal of Florida, Third District
Jan 23, 2002
804 So. 2d 617 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D00-3028

Opinion filed January 23, 2002.

An Appeal from the Circuit Court for Miami-Dade County, Ellen L. Leesfield, Judge. Lower Tribunal No. 97-31148.

Bennett H. Brummer, Public Defender, and Charles G. White, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before GREEN, SHEVIN and RAMIREZ, JJ.


We reverse the order denying defendant's post-conviction relief motion and remand for an evidentiary hearing on defendant's involuntary plea claim because "we do not agree that the motion, files and records conclusively show that [defendant] is not entitled to any relief." Jones v. State, 478 So.2d 346, 347 (Fla. 1985); Fla.R.Crim.P. 3.850. This opinion expresses no view on how the merits of this matter should be decided by the trial court.

Reversed and remanded for evidentiary hearing.


Summaries of

Marsh v. State

District Court of Appeal of Florida, Third District
Jan 23, 2002
804 So. 2d 617 (Fla. Dist. Ct. App. 2002)
Case details for

Marsh v. State

Case Details

Full title:AARON MARSH, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jan 23, 2002

Citations

804 So. 2d 617 (Fla. Dist. Ct. App. 2002)

Citing Cases

Marsh v. State

Marsh filed a petition for writ of error coram nobis which sought the withdrawal of his guilty plea based…