Mills v. State

WALDEN, Judge.

This is an appeal from a denial of post conviction relief under Florida Rules of Criminal Procedure 3.850 without an evi-dentiary hearing. Because the appellant’s allegations were sufficient to merit an evi-dentiary hearing, this court sought to learn the state’s position. On February 19, 1987, this court entered the following order: “Pursuant to Fla.R.Crim.P. 3.850, the state attorney is directed to file an answer or such other responsive pleading as he may feel appropriate as to why this case should not be remanded for an evidentiary hearing as to the voluntariness of…