Florida District Courts of Appeal, 1982

Hayes v. State

Hayes v. State
Florida District Courts of Appeal · Decided June 24, 1982 · Booth, McCord, Mills
415 So. 2d 871; 1982 Fla. App. LEXIS 20300 (Southern Reporter, Second Series)

Hayes v. State

Opinion of the Court

PER CURIAM.

Hayes appeals the lower court’s denial of his motion for post-conviction relief. a motion for post-conviction relief is denied and the denial is not predicated on the insufficiency of the motion on its face, a copy of that portion of the files and records which conclusively shows that the movant is not entitled to relief must be attached to the order of denial. Fla.R.Crim.P. 3.850. In this case, there are no attachments to the *872order and there was no evidentiary hearing held. Accordingly, the cause is reversed and remanded to the lower court with instructions to hold an evidentiary hearing or for attachment of the portions of the record as required by the Rule.

REVERSED and REMANDED.

McCORD, MILLS and BOOTH, JJ„ concur.

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