Opinion

Bolen v. State

  • 968 So. 2d 624
  • 2007 WL 3033512
Court
District Court of Appeal of Florida
Filed
Oct 19, 2007
Status
Published
On the bench
Per Curiam
Cited by
1 cases
Authority
More cited than 76.9%

The opinion

968 So.2d 624 (2007)

Mark Rochelle BOLEN, Appellant,

v.

STATE of Florida, Appellee.

No. 1D07-1177.

District Court of Appeal of Florida, First District.

October 19, 2007.

Rehearing Denied November 28, 2007.

Mark Rochelle Bolen, pro se, Appellant.

Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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