Haston v. State

478 So. 2d 508, 10 Fla. L. Weekly 2575, 1985 Fla. App. LEXIS 16855
District Court of Appeal of Florida·Decided November 20, 1985·No. Nos. 85-2054, 85-2070·Published

Opinion

PER CURIAM.

The trial court denied defendant’s motion for post-conviction relief without an eviden-tiary hearing. Yet the court failed to append “a copy of that portion of the files and records which conclusively shows that the prisoner is entitled to no relief....” Rule 3.850, Fla.R.Crim.P.; see also Cobb v. State, 424 So.2d 980 (Fla. 4th DCA 1983); Jones v. State, 384 So.2d 736 (Fla. 4th DCA 1980). Accordingly, the cause is reversed and remanded with instructions to conduct an evidentiary hearing.

HERSEY, C.J., and HURLEY and LETTS, JJ., concur.

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Haston v. State, 478 So. 2d 508, 10 Fla. L. Weekly 2575, 1985 Fla. App. LEXIS 16855 (Fla. Ct. App. 1985).

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Related

Jones v. State
384 So. 2d 736 (District Court of Appeal of Florida, 1980)
Cobb v. State
424 So. 2d 980 (District Court of Appeal of Florida, 1983)