Summary
In Dorsey v. State, 664 So.2d 50 (Fla. 4th DCA 1995), we reversed the summary denial of appellant's motion for post-conviction relief with direction that the trial court either hold an evidentiary hearing or attach those parts of the record that show that appellant is not entitled to relief. On remand, an evidentiary hearing was held and the court again denied the motion.
Summary of this case from Dorsey v. StateOpinion
No. 95-3425.
December 6, 1995.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Paul L. Backman, Judge.
Charlie Dorsey, Century, pro se.
No brief filed for appellee.
The trial court summarily denied appellant's motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure on the ground that appellant's motion was not properly sworn. We reverse. The motion and memorandum were properly sworn. See Nava v. State, 659 So.2d 1314 (Fla. 4th DCA 1995); Ramirez v. State, 566 So.2d 939 (Fla. 4th DCA 1990); Randall v. State, 555 So.2d 417 (Fla. 4th DCA 1989), rev. denied, 564 So.2d 1087 (Fla. 1990). We remand this cause to the trial court for an evidentiary hearing or for attachment of those parts of the record showing that appellant is not entitled to relief. See Taylor v. State, 583 So.2d 823 (Fla. 4th DCA 1991); Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985).
REVERSED and REMANDED.
DELL, WARNER and PARIENTE, JJ., concur.