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McCall v. State

676 So. 2d 82, 1996 Fla. App. LEXIS 7165, 1996 WL 382947
Procedural entryThis page is a short order in McCall v. State. Read the opinion of the Court — 684 So. 2d 260 →
District Court of Appeal of Florida·Decided July 10, 1996·No. No. 96-0905·Published

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

676 So. 2d 82 (McCall v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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)