Gaylord v. State

District Court of Appeal of Florida

Gaylord v. State

894 So. 2d 281, 2005 Fla. App. LEXIS 104, 2005 WL 233932

CourtDistrict Court of Appeal of Florida

DecidedJanuary 13, 2005

DocketNo. 1D04-4380

StatusPublished

This text of 894 So. 2d 281 (Gaylord 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.

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Gaylord v. State, 894 So. 2d 281, 2005 Fla. App. LEXIS 104, 2005 WL 233932 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

The appellant challenges the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Because the motion states a facially sufficient claim for relief and the trial court failed to attach record portions which conclusively refute the appellant’s claim, we reverse and remand the cause for further proceedings. See Wittemen v. State, 735 So.2d 538 (Fla. 2d DCA 1999).

REVERSED and REMANDED.

ERVIN, KAHN, and BENTON, JJ., concur.

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PER CURIAM.

The appellant challenges the trial court’s summary denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. Because the motion states a facially sufficient claim for relief and the trial court failed to attach record portions which conclusively refute the appellant’s claim, we reverse and remand the cause for further proceedings. See Wittemen v. State, 735 So.2d 538 (Fla. 2d DCA 1999).

REVERSED and REMANDED.

ERVIN, KAHN, and BENTON, JJ., concur.

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894 So. 2d 281, 2005 Fla. App. LEXIS 104, 2005 WL 233932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaylord-v-state-fladistctapp-2005.

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