Opinion
No. 82-1625.
August 25, 1982. On Rehearing October 20, 1982.
Appeal from the Circuit Court, Broward County, Patricia W. Cocalis, J.
Robert L. Williams, pro se.
Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellee.
Robert L. Williams appeals the lower court's denial of his motion for post-conviction relief. Where a motion for post-conviction relief is denied and the denial is not predicated on the insufficiency of the motion on its face, a copy of that portion of the files and records which conclusively shows that the movant is not entitled to relief must be attached to the order of denial. Fla.R.Crim.P. 3.850. In this case, there are no attachments to the order and there was no evidentiary hearing held. Accordingly, the cause is reversed and remanded to the lower court with instructions to hold an evidentiary hearing. Fla.R. App.P. 9.140(g).
REVERSED AND REMANDED.
LETTS, C.J., and DELL and WALDEN, JJ., concur.
ON PETITION FOR REHEARING
Motion for rehearing granted. We note that the trial court, following our remand of this case, has complied with Florida Rule of Appellate Procedure 9.140(g) by attaching a copy of that portion of the record which conclusively shows that appellant is not entitled to post-conviction relief. Therefore, the trial court need not hold an evidentiary hearing and we affirm the trial court's order denying appellant's motion for post-conviction relief.
LETTS, C.J., and DELL and WALDEN, JJ., concur.