Gaylord v. State

894 So. 2d 281, 2005 Fla. App. LEXIS 104, 2005 WL 233932
District Court of Appeal of Florida·Decided January 13, 2005·No. No. 1D04-4380·Published

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

894 So. 2d 281 (Gaylord v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Wittemen v. State
735 So. 2d 538 (District Court of Appeal of Florida, 1999)