Bolen v. State (968 So. 2d 624, 2007)

Florida District Court of Appeal 2007-10-19

Citations

Full opinion text

PER CURIAM.

AFFIRMED.

KAHN and ROBERTS, JJ., concur; BROWNING, C.J., concurs in part and dissents in part by separate opinion.

BROWNING, C.J.,

concurring in part and dissenting in part.

I respectfully dissent from the majority opinion, as to Issue Two asserted by the Appellant. The record in this case simply does not support a summary denial of Appellant’s post-conviction motion. See Gillion v. State, 573 So.2d 810 (Fla.1991). Accordingly, I would REVERSE and REMAND for an evidentiary hearing on Issue Two, and I CONCUR as to all remaining issues.