Randall v. State
555 So. 2d 417, 1989 Fla. App. LEXIS 7251, 1989 WL 153686
District Court of Appeal of Florida·Decided December 20, 1989·No. No. 89-2845·Published·Cited by 2 cases
Opinion
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.
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Randall v. State, 555 So. 2d 417, 1989 Fla. App. LEXIS 7251, 1989 WL 153686 (Fla. Ct. App. 1989).
555 So. 2d 417 (Randall v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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