Opinion
Nos. 85-2054, 85-2070.
November 20, 1985.
Consolidated Petition for Writ of Mandamus, treated as an appeal, and Rule 3.850 appeal from the Circuit Court for Martin County; C. Pfeiffer Trowbridge, Judge.
Gregory Lee Haston, pro se.
No appearance for appellee.
The trial court denied defendant's motion for post-conviction relief without an evidentiary hearing. Yet the court failed to append "a copy of that portion of the files and records which conclusively shows that the prisoner is entitled to no relief. . . ." Rule 3.850, Fla.R.Crim.P.; see also Cobb v. State, 424 So.2d 980 (Fla. 4th DCA 1983); Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). Accordingly, the cause is reversed and remanded with instructions to conduct an evidentiary hearing.
HERSEY, C.J., and HURLEY and LETTS, JJ., concur.