Rosario v. State

District Court of Appeal of Florida

Rosario v. State

639 So. 2d 201, 1994 Fla. App. LEXIS 7097, 1994 WL 375777

District Court of Appeal of Florida·Decided July 20, 1994·No. No. 94-1406·Published

Opinion

POLEN, Judge.

We reverse and remand for an evidentiary hearing on the trial court’s denial of appellant’s criminal rule 3.850 motion. Although the trial court did include in its order of denial references to the record which was attached, these references do not establish conclusively that appellant is not entitled to relief. Therefore we reverse.

PARIENTE, J., concurs. GUNTHER, J., dissents without opinion.

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POLEN, Judge.

We reverse and remand for an evidentiary hearing on the trial court’s denial of appellant’s criminal rule 3.850 motion. Although the trial court did include in its order of denial references to the record which was attached, these references do not establish conclusively that appellant is not entitled to relief. Therefore we reverse.

PARIENTE, J., concurs. GUNTHER, J., dissents without opinion.

Rosario v. State, 639 So. 2d 201, 1994 Fla. App. LEXIS 7097, 1994 WL 375777 (Fla. Ct. App. 1994).

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