Havis v. State

ZEHMER, Judge.

Dawson Eugene Havis, acting pro se, appeals the lower court’s June 19, 1987, order denying his motion for post-conviction relief, filed pursuant to Fla.R.Cr.P. 3.850, without affording him an evidentiary hearing. The state has now filed an answer brief pursuant to our request. We reverse the order denying Havis’s rule 3.850 motion, and remand the cause for an evidentiary hearing.

The record in this case shows that on December 13, 1983, Havis was convicted after a trial by jury of trespass of a structure occupied by a human being, and lewd, lascivious or indecent assault in the…