Frank v. State

District Court of Appeal of Florida

Frank v. State

697 So. 2d 584, 1997 Fla. App. LEXIS 9011, 1997 WL 446890

CourtDistrict Court of Appeal of Florida

DecidedAugust 6, 1997

DocketNo. 97-1218

StatusPublished

Cited by2 cases

This text of 697 So. 2d 584 (Frank v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frank v. State, 697 So. 2d 584, 1997 Fla. App. LEXIS 9011, 1997 WL 446890 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

The trial court failed to attach to its order those parts of the record that conclusively refute appellant’s claims for post-conviction relief. In Hastings v. State, 670 So.2d 1176 (Fla. 4th DCA 1996), this court stated that “[t]he state’s supplementation of the order with portions of the record is insufficient to support the trial court’s summary denial.”

Accordingly, we reverse the trial court’s summary denial of appellant’s motion for post-conviction relief and remand this cause for either attachment of portions of the record refuting his claims for relief or for an evidentiary hearing.

REVERSED and REMANDED.

DELL, FARMER and PARIENTE, JJ., concur.

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