Hankins v. State, 96-1128
| Decision Date | 31 July 1996 |
| Docket Number | No. 96-1128,96-1128 |
| Citation | 677 So.2d 112 |
| Parties | 21 Fla. L. Weekly D1730 Lucious HANKINS, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert B. Carney, Judge; L.T. Case No. 93-13257CFA02.
Lucious Hankins, Jr., Raiford, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and William A. Spillias, Assistant Attorney General, West Palm Beach, for appellee.
The trial court summarily denied appellant's motion for post-conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Appellant alleged ineffective assistance of counsel based on trial counsel's failure to assert his speedy trial rights.
The trial court failed to attach those parts of the record that would conclusively show that appellant is not entitled to relief. Therefore, we reverse and remand this cause to the trial court with instructions to either conduct an evidentiary hearing or to attach those parts of the record showing that appellant is not entitled to relief. See Carter v. State, 632 So.2d 1139 (Fla. 4th DCA 1994). See also Toliver v. State, 652 So.2d 1291 (Fla. 1st DCA 1995).
REVERSED and REMANDED.
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Hankins v. State, 4D12–3180.
...ineffective in failing to assert speedy trial rights. We reversed and remanded the case for an evidentiary hearing. Hankins v. State, 677 So.2d 112 (Fla. 4th DCA 1996). The claim was denied on remand, and this court affirmed in Hankins v. State, 728 So.2d 234 (Fla. 4th DCA 1998). Following ......
- Saint Pierre v. State, 95-2470
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Collins v. State, 4D01-1938.
...find appellant's allegations concerning his speedy trial claim legally sufficient to warrant further examination. See Hankins v. State, 677 So.2d 112 (Fla. 4th DCA 1996). As to the concession of guilt claim, if counsel had conceded guilt of the lesser included offense, an evidentiary hearin......