Opinion
No. 94-1248.
September 21, 1994.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Sheldon M. Schapiro, Judge.
Kayo E. Morgan, Fort Lauderdale, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.
Reversed. On remand, the trial court is directed to either conduct an evidentiary hearing or attach record excerpts to its order of denial which conclusively demonstrate that the appellant is entitled to no relief on his motion for post-conviction relief. The state has conceded the timeliness of the filing of the motion.
WARNER, POLEN and PARIENTE, JJ., concur.