Florida District Courts of Appeal, 1989

Rusciano v. State

Rusciano v. State
Florida District Courts of Appeal · Decided May 24, 1989 · Hersey, Stone, Walden
543 So. 2d 449; 1989 Fla. App. LEXIS 2886; 1989 WL 53352 (Southern Reporter, Second Series)

Rusciano v. State

Opinion of the Court

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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