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Kiser v. State

District Court of Appeal of Florida, First District
Oct 15, 1993
625 So. 2d 127 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-1738.

October 15, 1993.

An appeal from the circuit court for Duval County; R. Hudson Olliff, Judge.

Keith E. Kiser, pro se.

No appearance for appellee.


Kiser brings this appeal from the trial court's order denying his motion for post-conviction relief on the basis that it is a successive motion alleging grounds that could have been raised in the initial motion. However, the trial court failed to attach any documents to its order establishing the fact that the motion is a successive one and that Kiser is entitled to no relief. Accordingly, we must reverse and remand either for the attachment of pertinent portions of the record, Gust v. State, 535 So.2d 642 (Fla. 1st DCA 1988), or for further proceedings consistent with rule 3.850, Florida Rules of Criminal Procedure.

REVERSED and REMANDED for further proceedings.

ZEHMER, C.J., and JOANOS and WEBSTER, JJ., concur.


Summaries of

Kiser v. State

District Court of Appeal of Florida, First District
Oct 15, 1993
625 So. 2d 127 (Fla. Dist. Ct. App. 1993)
Case details for

Kiser v. State

Case Details

Full title:KEITH E. KISER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 15, 1993

Citations

625 So. 2d 127 (Fla. Dist. Ct. App. 1993)

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