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McCall v. State

676 So. 2d 82, 1996 Fla. App. LEXIS 7165, 1996 WL 382947
CourtDistrict Court of Appeal of Florida
DecidedJuly 10, 1996
DocketNo. 96-0905
StatusPublished

This text of 676 So. 2d 82 (McCall 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
McCall v. State, 676 So. 2d 82, 1996 Fla. App. LEXIS 7165, 1996 WL 382947 (Fla. Ct. App. 1996).

Opinion

PER CURIAM.

Calvin McCall appeals the trial court’s summary denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. McCall’s motion and the appellate record fail to conclusively establish that McCall is not entitled to relief. Therefore, this case is reversed and remanded with directions to the trial court to either conduct an evidentiary hearing or attach to its order those portions of the record that show McCall is not entitled to relief. See Carter v. State, 632 So.2d 1139 (Fla. 4th DCA 1994); Lewis v. State, 613 So.2d 115 (Fla. 4th DCA 1993).

REVERSED AND REMANDED.

GUNTHER, C.J., and KLEIN and SHAHOOD, JJ., concur.

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Related

Lewis v. State
613 So. 2d 115 (District Court of Appeal of Florida, 1993)
Carter v. State
632 So. 2d 1139 (District Court of Appeal of Florida, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
676 So. 2d 82, 1996 Fla. App. LEXIS 7165, 1996 WL 382947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccall-v-state-fladistctapp-1996.