Opinion
No. 82-1668.
August 25, 1982.
Appeal from the Circuit Court, Broward County, Patricia W. Cocalis, J.
Preston Brown, Lawtey, pro se.
No appearance for appellee.
The trial court denied defendant's motion for postconviction relief without an evidentiary hearing and without appending portions of the record which demonstrate that the prisoner is entitled to no relief. See Rule 3.850(e), Fla.R.Crim.P. We affirm in part and reverse in part.
Two of defendant's allegations concern matters which preceded and are wholly unrelated to the entry of his plea. These issues are foreclosed by virtue of the defendant's plea, Robinson v. State, 373 So.2d 898 (Fla. 1979), and, therefore, the trial court properly denied relief on these issues.
On the other hand, two of the defendant's allegations [grounds one and two] concern matters which involve the voluntary nature of his plea. Such allegations are cognizable under Rule 3.850, Fla.R. Crim.P. and, consequently, the trial court must comply with the strictures of the rule. See LeDuc v. State, 415 So.2d 721 (Fla. 1982); Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980).
Accordingly, we affirm in part and reverse in part and we remand with instructions to the trial court to append those portions of the record which demonstrate that the prisoner is entitled to no relief or, in the alternative, to afford the defendant an evidentiary hearing on grounds one and two.
Affirmed in part and reversed in part and remanded with instructions.
LETTS, C.J., and HURLEY and DELL, JJ., concur.