The order summarily denying the defendant’s Rule 3.850 motion is reversed and the cause remanded to the trial court either to conduct an evidentiary hearing on the defendant’s claim that he did not validly waive his right to be tried by a twelve person jury, or, if again denied without hearing, to attach such records in the case *173that will conclusively show that the defendant is entitled to no relief on his claim.

Reversed and remanded.