Smith v. State

Full title: Gerald L. SMITH, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: May 30, 2007

956 So. 2d 1266 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D07-1312.

May 30, 2007.

Appeal from the Circuit Court, Fifteenth Judicial Circuit, Palm Beach County, Edward A. Garrison, J.

Gerald L. Smith, Belle Glade, pro se.

No appearance required for appellee.

PER CURIAM.

The order denying appellant's motion for postconviction relief is summarily reversed. When a trial court denies a rule 3.850 motion without an evidentiary hearing, it must "either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion." Anderson v. State, 627 So.2d 1170, 1171 (Fla. 1993) (citing Hoffman v. State, 571 So.2d 449, 450 (Fla. 1990)). The trial court's order in this case does neither.

Reversed and remanded for further proceedings.

STEVENSON, C.J., WARNER and TAYLOR, JJ., concur.