# Brown v. State

> District Court of Appeal of Florida · November 15, 2000 · 770 So. 2d 1285

URL: https://www.frixlaw.com/law-library/cases/7736486

## Case

- **Full name:** Clarence BROWN v. The STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** November 15, 2000
- **Citations:** 770 So. 2d 1285; 2000 Fla. App. LEXIS 14908; 2000 WL 1700592
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Cope, Goderich, Jorgenson
- **Cited by:** 2 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/7736486

## Opinion text

PER CURIAM
The defendant contends that the trial court erred by denying his 3.850 motion without an evidentiary hearing. We agree.
The defendant filed a 3.850 motion alleging that he received ineffective assistance of counsel because his counsel failed to conduct an adequate pre-trial investigation. The trial court summarily denied the motion relying on the transcript of defense counsel’s testimony given at a Nelson 1 hearing that was held before trial. Because testimony at the Nelson hearing did not fully address the factual issues raised in the defendant’s 3.850 motion and sworn affidavit, we reverse and remand for an evidentiary hearing. Gordon v. State, 608 So.2d 925 (Fla. 3d DCA 1992).
Reversed and remanded.
. Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7736486. Public record. Not legal advice.