Hall v. State

ZEHMER, Judge.

This is an appeal from a denial of post-conviction relief without an evidentiary hearing. Because appellant’s allegations were sufficient to merit an evidentiary hearing, this court sought to learn the state’s position. On May 26, 1987, the court entered the following order:

Pursuant to Florida Rule of Appellate Procedure 9.140(g), the court requests the attorney general to file herein, on behalf of the state, a brief in response to appellant’s appeal from the lower court’s denial of the rule 3.850 motion. See Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986). Such brief shall be…