Summary
In Steel v. State, 662 So.2d 1034 (Fla. 4th DCA 1995), we reversed the trial court's summary denial and remanded for either an evidentiary hearing or attachment of those parts of the record showing that defendant is not entitled to relief. Because the record attachments to the trial court's subsequent order of summary denial do not conclusively demonstrate that defendant is not entitled to relief, we reverse and remand for the trial court to conduct an evidentiary hearing.
Summary of this case from Steel v. StateOpinion
No. 95-2931.
November 22, 1995.
Appeal of order denying rule 3.850 motion from the Circuit Court for Okeechobee County; Paul L. Backman, Judge.
Richard Jorandby, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.
The trial court summarily denied appellant's motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, but failed to attach those portions of the record conclusively showing that he is entitled to no relief. We reverse and remand this cause to the trial court for an evidentiary hearing or for attachment of those parts of the record showing that appellant is not entitled to relief. See Taylor v. State, 583 So.2d 823 (Fla. 4th DCA 1991); Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985).
REVERSED and REMANDED.
DELL, FARMER and SHAHOOD, JJ., concur.