Opinion
No. 89-2845.
December 20, 1989. Rehearing Denied February 7, 1990.
Appeal of order denying rule 3.850 motion from the Circuit Court for Broward County; Robert W. Tyson, Jr., Judge.
Glenn Jerome Randall, Avon Park, pro se.
No appearance required for appellee.
The order denying appellant's motion for post conviction relief is reversed. The sworn motion specifically incorporates the fact allegations that were sworn to in the accompanying memorandum. Therefore, Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984) is inapposite.
On remand the trial court may either summarily deny the motion, attaching records which show that appellant is not entitled to relief, or hold an evidentiary hearing.
WALDEN, STONE and POLEN, JJ., concur.