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Rusciano v. State

District Court of Appeal of Florida, Fourth District
May 24, 1989
543 So. 2d 449 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1321.

May 24, 1989.

Appeal from the Circuit Court for Palm Beach County, James T. Carlisle, J.

George J. Rusciano, Avon Park, pro se appellant.

No appearance required for appellee.


The circuit court erred in summarily denying appellant's motion for post-conviction relief without holding an evidentiary hearing or attaching to its order that portion of the record which conclusively demonstrates that appellant is entitled to no relief. See Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985). Accordingly, we reverse and remand.

REVERSED AND REMANDED.

HERSEY, C.J., WALDEN and STONE, JJ., concur.


Summaries of

Rusciano v. State

District Court of Appeal of Florida, Fourth District
May 24, 1989
543 So. 2d 449 (Fla. Dist. Ct. App. 1989)
Case details for

Rusciano v. State

Case Details

Full title:GEORGE J. RUSCIANO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: May 24, 1989

Citations

543 So. 2d 449 (Fla. Dist. Ct. App. 1989)