Bennett v. State

PER CURIAM.

The petition of the defendant, Jimmy Dell Bennett, alleges a prima facie right to hearing under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Recitals in the court’s order denying such hearing which are not shown to be a part of the record are not sufficient basis upon which to deny hearing.

Reversed.

SMITH, C. J., and WHITE and ANDREWS, JJ., concur.