Randall v. State

District Court of Appeal of Florida

Randall v. State

555 So. 2d 417, 1989 Fla. App. LEXIS 7251, 1989 WL 153686

CourtDistrict Court of Appeal of Florida

DecidedDecember 20, 1989

DocketNo. 89-2845

StatusPublished

Cited by2 cases

This text of 555 So. 2d 417 (Randall 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

Randall v. State, 555 So. 2d 417, 1989 Fla. App. LEXIS 7251, 1989 WL 153686 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The order denying appellant’s motion for post conviction relief is reversed. The sworn motion specifically incorporates the fact allegations that were sworn to in the accompanying memorandum. Therefore, Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984) is inapposite.

On remand the trial court may either summarily deny the motion, attaching records which show that appellant is not entitled to relief, or hold an evidentiary hearing.

WALDEN, STONE and POLEN, JJ., concur.

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PER CURIAM.

The order denying appellant’s motion for post conviction relief is reversed. The sworn motion specifically incorporates the fact allegations that were sworn to in the accompanying memorandum. Therefore, Daniels v. State, 450 So.2d 601 (Fla. 4th DCA 1984) is inapposite.

On remand the trial court may either summarily deny the motion, attaching records which show that appellant is not entitled to relief, or hold an evidentiary hearing.

WALDEN, STONE and POLEN, JJ., concur.

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Bluebook (online)

555 So. 2d 417, 1989 Fla. App. LEXIS 7251, 1989 WL 153686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randall-v-state-fladistctapp-1989.

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