Legal Opinion

Miller v. State

District Court of Appeal of Florida

Decided March 11, 1983No. 82-2794Published

1Per curiam

This appeal is from a summary denial of a motion seeking post-conviction relief under Florida Rule of Criminal Procedure 3.850. Appellant raised three points in the motion. The allegations that the circuit court lacked jurisdiction over him due to his age1 and that his parents were not notified of the charges against him,2 if true, would entitle appellant to relief. The trial court, however, failed to either conduct an eviden-tiary hearing or attach portions of the record which refute those two allegations.

Accordingly, we reverse in part the trial court’s denial of appellant’s motion and…

2Cases cited2 opinions

  1. Jones v. StateDistrict Court of Appeal of Florida · 1982
  2. Alexander v. StateDistrict Court of Appeal of Florida · 1977

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