Opinion
No. 94-0583.
May 11, 1994.
Appeal of order denying rule 3.850 motion from the Circuit Court for Martin County; Dwight L. Geiger, Judge.
Ronald B. Smith, Waxler Smith, Stuart, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, Sharon A. Wood, Asst. Atty. Gen., West Palm Beach, Bruce H. Colton, State Atty., and Richard W. Seymour, Asst. State Atty., Stuart, for appellee.
This is an appeal from summary denial of a motion for relief under rule 3.850. While the order has attachments, they are insufficient to support summary denial. Accordingly, we reverse and remand with instructions either to supplement the attachments to the order of denial with a transcript of the change of plea hearing and any other record excerpts supporting denial, or to hold an evidentiary hearing on the issue of whether there was a factual basis for appellant's plea of nolo contendere to the charge of robbery.
REVERSED AND REMANDED.
HERSEY, STONE and POLEN, JJ., concur.