Booker v. State, 94-455
| Decision Date | 10 May 1995 |
| Docket Number | No. 94-455,94-455 |
| Citation | 655 So.2d 169 |
| Parties | 20 Fla. L. Weekly D1135 James BOOKER, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Thomas M. Carney, Judge.
Bennett H. Brummer, Public Defender and Andrew M. Kassier, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., for appellee.
Before BASKIN, LEVY and GODERICH, JJ.
On this 3.850 motion, disposed of without evidentiary hearing, we reverse and remand for the trial court to hold an evidentiary hearing or attach portions of the record demonstrating the defendant is not entitled to relief on the refusal to permit testimony issue, Holmes v. State, 650 So.2d 1093 (Fla. 3d DCA 1995). Remaining allegations are facially insufficient.
Reversed and remanded in part, affirmed in part.
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Raines v. State, 95-464
...to hold an evidentiary hearing or attach portions of the record demonstrating the defendant is not entitled to relief. Booker v. State, 655 So.2d 169 (Fla. 3d DCA 1995); Holmes v. State, 650 So.2d 1093 (Fla. 3d DCA 1995) (citing Hoffman v. State, 571 So.2d 449 Reversed and remanded with ins......