Legal Opinion · Concurrence

Gallinat v. State

District Court of Appeal of Florida

Decided August 19, 2005No. 5D05-497Published

1ConcurrenceSawaya, J.

I agree that we should recede from Hankerson v. State, 864 So.2d 574 (Fla. 5th DCA 2004), to the extent that it implies an evidentiary hearing is appropriate to resolve issues raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). As to the remainder of the opinion, I concur in result only.

2Cases cited1 opinion

  1. Hankerson v. StateDistrict Court of Appeal of Florida · 2004