# Bolen v. State

> District Court of Appeal of Florida · October 19, 2007 · 968 So. 2d 624

URL: https://www.frixlaw.com/law-library/cases/1884163

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** October 19, 2007
- **Citations:** 968 So. 2d 624; 2007 WL 3033512
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1884163

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1884163. Public record. Not legal advice.