Opinion
Case No. 4D03-235.
Opinion filed February 4, 2004.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Royce Agner, Senior Judge; L.T. Case No. 98-24839 CF10A.
Radi Marti, Century, pro se.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.
Radi Marti appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief. The motion advanced seven claims of error. We affirm, without discussion, the denial of claim two and claims four through seven. However, we reverse the trial court's denial of claims one and three and remand for the attachment of record excerpts conclusively showing appellant is not entitled to relief on these claims. If no such record excerpts exist, appellant is entitled to an evidentiary hearing.
STONE, WARNER and HAZOURI, JJ., Concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.