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Brooks v. State

644 So. 2d 149, 1994 Fla. App. LEXIS 10392, 1994 WL 577393
Procedural entryThis page is a short order in Brooks v. State. Read the opinion of the Court — 605 So. 2d 874 →
District Court of Appeal of Florida·Decided October 24, 1994·No. No. 94-1127·Published

Opinion

PER CURIAM.

This cause is before us on appeal from the trial court’s summary denial of appellant Brooks’ 3.850 motion for post-conviction relief. Because the trial court failed to include attachments to its order conclusively showing that Brooks is entitled to no relief under rule 3.850(d), we must reverse and remand for the trial court to either conduct an evidentiary hearing or include the appropriate attachments supporting denial. Fla.R.App.P. 9.140(g); Hall v. State, 603 So.2d 650 (Fla. 1st DCA 1992); Wells v. State, 598 So.2d 259 [150]*150(Fla. 1st DCA 1992); Cherry v. State, 590 So.2d 494 (Fla. 1st DCA 1991).

REVERSED AND REMANDED.

ZEHMER, C.J., and BOOTH and DAVIS, JJ., concur.

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Brooks v. State, 644 So. 2d 149, 1994 Fla. App. LEXIS 10392, 1994 WL 577393 (Fla. Ct. App. 1994).

644 So. 2d 149 (Brooks v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Wells v. State
598 So. 2d 259 (District Court of Appeal of Florida, 1992)
Hall v. State
603 So. 2d 650 (District Court of Appeal of Florida, 1992)
Cherry v. State
590 So. 2d 494 (District Court of Appeal of Florida, 1991)