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Murphy v. State

District Court of Appeal of Florida, Fifth District
Oct 30, 2009
21 So. 3d 118 (Fla. Dist. Ct. App. 2009)

Opinion

No. 5D09-2065.

October 30, 2009.

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

Brian Murphy, Chipley, pro se.

Bill McCollum, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.


Brian Murphy appeals the summary denial of his Florida Rule of Criminal Procedure 3.850 motion, which raised four claims. Because the denial order fails to provide an adequate rationale or specific references to the record to support the denial, we reverse the order on appeal and remand with instructions that the trial court either enter a sufficient order or conduct an evidentiary hearing on the claims. See, e.g., McLin v. State, 827 So.2d 948, 954 (Fla. 2002).

REVERSED AND REMANDED WITH INSTRUCTIONS.

TORPY, LAWSON and EVANDER, JJ., concur.


Summaries of

Murphy v. State

District Court of Appeal of Florida, Fifth District
Oct 30, 2009
21 So. 3d 118 (Fla. Dist. Ct. App. 2009)
Case details for

Murphy v. State

Case Details

Full title:Brian MURPHY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 30, 2009

Citations

21 So. 3d 118 (Fla. Dist. Ct. App. 2009)