Opinion
No. 96-0401.
June 26, 1996.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Sheldon M. Schapiro, Judge; L.T. Case Nos. 89-6734CF10, 89-13182CF10 and 91-5433CF10.
Alex M. Ivanovic, Miami, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.
Alex Ivanovic, pro se, appeals the trial court's summary denial of his motion for relief pursuant to Florida Rule of Criminal Procedure 3.850. The motion and the record on appeal do not conclusively establish that Ivanovic is not entitled to relief. Accordingly, this case is reversed and remanded with directions to the trial court to either conduct an evidentiary hearing or attach to its order of denial portions of the record showing that Ivanovic is not entitled to relief. See Carter v. State, 632 So.2d 1139 (Fla. 4th DCA 1994); Lewis v. State, 613 So.2d 115 (Fla. 4th DCA 1993).
REVERSED AND REMANDED.
GUNTHER, C.J., and WARNER and FARMER, JJ., concur.