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Brooks v. State

District Court of Appeal of Florida, First District
Oct 24, 1994
644 So. 2d 149 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-1127.

October 24, 1994.

Appeal from the Circuit Court, Clay County, William A. Wilkes, J.

David Lorenzo Brooks, pro se.

Robert A. Butterworth, Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.


This cause is before us on appeal from the trial court's summary denial of appellant Brooks' 3.850 motion for post-conviction relief. Because the trial court failed to include attachments to its order conclusively showing that Brooks is entitled to no relief under rule 3.850(d), we must reverse and remand for the trial court to either conduct an evidentiary hearing or include the appropriate attachments supporting denial. Fla.R.App.P. 9.140(g); Hall v. State, 603 So.2d 650 (Fla. 1st DCA 1992); Wells v. State, 598 So.2d 259 (Fla. 1st DCA 1992); Cherry v. State, 590 So.2d 494 (Fla. 1st DCA 1991).

REVERSED AND REMANDED.

ZEHMER, C.J., and BOOTH and DAVIS, JJ., concur.


Summaries of

Brooks v. State

District Court of Appeal of Florida, First District
Oct 24, 1994
644 So. 2d 149 (Fla. Dist. Ct. App. 1994)
Case details for

Brooks v. State

Case Details

Full title:DAVID LORENZO BROOKS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 24, 1994

Citations

644 So. 2d 149 (Fla. Dist. Ct. App. 1994)