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Crall v. State

District Court of Appeal of Florida, Fifth District
Jul 20, 2007
961 So. 2d 1043 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D06-2945.

July 20, 2007.

3.850 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.

George A. Crall, Raiford, pro se.

Bill McCollum, Attorney General, Tallahassee, and Rebecca Rock MeGuigan, Assistant Attorney General, Daytona Beach, for Appellee.


Rule 3.850(d), Florida Rules of Criminal Procedure, reads that "[i]n those instances when the denial is not predicated on the legal sufficiency of the motion on its face, a copy of that portion of the files and records that conclusively shows that the movant is entitled to no relief shall be attached to the order." Here, the appellant, George A. Crall, argues that the trial court erred in summarily denying his post-conviction motion without either holding an evidentiary hearing or attaching the pertinent parts of the record to the denial. The State agrees. Accordingly, we remand this matter for the trial court either to attach portions of the record supporting its denial of relief on Mr. Crall's claim that his trial counsel was ineffective in failing to move to suppress his confession, or to hold an evidentiary hearing. See Eastwood v. State, 895 So.2d 1290 (Fla. 5th DCA 2005); Edwards v. State, 888 So.2d 153 (Fla. 5th DCA 2004).

REVERSED and REMANDED.

PALMER, C.J. and THOMPSON J., concur.


Summaries of

Crall v. State

District Court of Appeal of Florida, Fifth District
Jul 20, 2007
961 So. 2d 1043 (Fla. Dist. Ct. App. 2007)
Case details for

Crall v. State

Case Details

Full title:George A. CRALL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 20, 2007

Citations

961 So. 2d 1043 (Fla. Dist. Ct. App. 2007)