State v. Mears

The appellee-petitioner moved, under Rule 3.850 CrPR, 33 F.S.A. to vacate a judgment and sentence earlier entered. The state seeks review of an order granting the motion and awarding a new trial; the order was entered after an evidentiary hearing.

The underlying conviction and sentence were affirmed on direct appeal, Kish v. State, Fla.App.1966, 192 So.2d 315, and a denial of motion under Rule 1.850 CrPR (now renumbered 3.850) was affirmed in Mears v. State, Fla.App.1970, 232 So.2d 749, which indicates appellee has sought other relief.

The instant (second) petition for relief alleged that the…