Legal Opinion

Core v. State

District Court of Appeal of Florida

Decided January 2, 1997No. 96-2754PublishedCited by 1 opinion

1Per curiam

Appellant’s postrconviction motion was denied without evidentiary hearing or identification of evidence in the record that refuted his claims. The state has attempted to cure the record deficiency on appeal by supplying this court with documentation to support the decision below. This is insufficient to cure the error. Wheeler v. State, 634 So.2d 213 (Fla. 4th DCA 1994); Jackson v. State, 602 So.2d 696 (Fla. 4th DCA 1992).

We reverse as to the issue of the public defender’s disqualification and remand for an evidentiary hearing or for record attachments refuting appellant’s claim that the…

2Cases cited2 opinions

  1. Wheeler v. StateDistrict Court of Appeal of Florida · 1994
  2. Jackson v. StateDistrict Court of Appeal of Florida · 1992

3Cited by1 opinion

  1. Higginbotham v. StateDistrict Court of Appeal of Florida · 2011

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