Newgent v. State

ON MOTION FOR REHEARING

BARFIELD, J.

In its motion for rehearing, the State requests this court to modify its directions to the trial court to permit the State to respond to the appellant’s motion pursuant to Rule 3.850 before an evidentiary hearing is mandated. The State's position is well-taken. We modify our opinion to provide that the State be directed to respond to the motion as such response may obviate the need for an evidentiary hearing in this case.

THOMPSON and ZEHMER, JJ., concur.