Rusciano v. State

543 So. 2d 449, 1989 Fla. App. LEXIS 2886, 1989 WL 53352
District Court of Appeal of Florida·Decided May 24, 1989·No. No. 88-1321·Published·Cited by 1 cases

Opinion

PER CURIAM.

The circuit court erred in summarily denying appellant’s motion for post-conviction relief without holding an evidentiary hearing or attaching to its order that portion of the record which conclusively demonstrates that appellant is entitled to no relief. See Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985). Accordingly, we reverse and remand.

REVERSED AND REMANDED.

HERSEY, C.J., WALDEN and STONE, JJ., concur.

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Rusciano v. State, 543 So. 2d 449, 1989 Fla. App. LEXIS 2886, 1989 WL 53352 (Fla. Ct. App. 1989).

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