Jackson v. State

Appellant seeks review of an order denying without hearing, his amended motion to vacate judgment and sentence pursuant to Cr. PR 1.850, 33 F.S.A.

Appellant was convicted of the crime of robbery and sentenced to a term of thirty years in the state penitentiary.

One of appellant’s contentions is that the trial court erred in summarily denying his motion to vacate where it was made to appear from the motion that one of the prosecuting attorneys had previously been employed by his defense counsel.

We find merit in this contention and reverse for an evidentiary' hearing to determine the issue of…