Opinion
Case No. 97-2307
Opinion filed November 26, 1997
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carole Y. Taylor, Judge; L.T. Case No. 93-5655CF10.
James Walker, Immokalee, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for appellee.
This is a final appeal of an order summarily denying appellant's motion for post-conviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure as legally insufficient for failing to contain facts which would warrant relief, and for referring to a memorandum of law said to include additional but unsworn factual allegations.
We find that the motion and memorandum of law were duly verified pursuant to rule 3.850 and rule 3.987, Florida Rules of Criminal Procedure and that they do state legally sufficient claims on grounds one, two, five and six. We therefore reverse and remand the trial court's summary denial of post-conviction relief as to those claims, for either attachment of portions of the record refuting the claims made therein, or for an evidentiary hearing on them if appropriate.
We find no merit in the other grounds asserted in the motion and memorandum of law, and therefore affirm their summary denial.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
WARNER, FARMER and PARIENTE, JJ., concur.