Lucas v. State
Lucas v. State
Opinion of the Court
Appellant seeks review of an order denying post-conviction relief.
The motion filed in the trial court sought relief based upon four grounds: 1) the jury
Although the first ground is reviewable on direct appeal and, thus, not cognizable under Rule 3.850, Bush v. Wainwright, 505 So.2d 409 (Fla. 1987), the remaining grounds are properly reviewable pursuant to said rule. Jones v. State, 446 So.2d 1059 (Fla. 1984). In order to deny said motion without an evidentiary hearing, the court must attach records and files that conclusively demonstrate that movant is not entitled to relief. Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985).
Accordingly, the order appealed from is reversed and the cause is remanded with directions to attach such portions of the record as will show that appellant is not entitled to any relief or grant appellant an evidentiary hearing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.