Florida District Courts of Appeal, 1989

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided November 29, 1989 · Scheb, Schoonover, Threadgill
553 So. 2d 293; 14 Fla. L. Weekly 2773; 1989 Fla. App. LEXIS 6700; 1989 WL 145528 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

John M. Smith appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial judge denied the motion without an evidentiary hearing, he did not attach to his order any portion of the files or records to refute appellant’s allegations.

Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On remand, unless the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall order the state attorney to file an answer within a time certain. After receipt of the answer, the court shall determine whether an evi-dentiary hearing is required. If the court should again deny appellant’s motion, he has thirty days in which to appeal.

Reversed and remanded.

SCHEB, A.C.J., and SCHOONOVER and THREADGILL, JJ., concur.

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