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Wiley v. State

District Court of Appeal of Florida, Fifth District
Dec 5, 1991
589 So. 2d 471 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-2017.

December 5, 1991.

3.850 Appeal from the Circuit Court for Citrus County, John P. Thurman, Judge.

Frank Lynne Wiley, pro se.

No appearance for appellee.


This is an appeal from an order summarily denying appellant's motion for relief under Rule 3.850, Florida Rules of Criminal Procedure.

Because the motion is facially sufficient and because the judge did not attach any records to his order denying relief we must reverse the order and remand for entry of a proper order or a hearing on the motion. Hoffman v. State, 571 So.2d 449 (Fla. 1990); Gorham v. State, 521 So.2d 1067 (Fla. 1988); Debose v. State, 580 So.2d 638 (Fla. 5th DCA 1991).

REVERSED and REMANDED.

DAUKSCH, W. SHARP and PETERSON, JJ., concur.


Summaries of

Wiley v. State

District Court of Appeal of Florida, Fifth District
Dec 5, 1991
589 So. 2d 471 (Fla. Dist. Ct. App. 1991)
Case details for

Wiley v. State

Case Details

Full title:FRANK LYNNE WILEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 5, 1991

Citations

589 So. 2d 471 (Fla. Dist. Ct. App. 1991)