Florida District Courts of Appeal, 1987

Gust v. State

Florida District Courts of Appeal · Decided March 24, 1987 · No. BN-423 · Booth, Mills, Thompson

504 So. 2d 61; 12 Fla. L. Weekly 833; 1987 Fla. App. LEXIS 7328 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Gust v. State (Fla. Dist. Ct. App. 1990)
Gust v. State (Fla. Dist. Ct. App. 1988)
Rogers v. State (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MILLS, Judge.

Gust appeals from an order summarily denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The order of denial was not based on the legal insufficiency of the motion on its face and no files or records were attached to it. We therefore remand to the trial court to attach those portions of the files and records conclusively showing the defendant is entitled to no relief, or conduct further proceedings in accordance with Rule 3.850.

Reversed and remanded with directions.

BOOTH, C.J., and THOMPSON, J., concur.

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