Florida District Courts of Appeal, 1991

Wiley v. State

Wiley v. State
Florida District Courts of Appeal · Decided December 5, 1991 · Dauksch, Peterson, Sharp
589 So. 2d 471; 1991 Fla. App. LEXIS 12082; 1991 WL 254238 (Southern Reporter, Second Series)

Wiley v. State

Opinion of the Court

PER CURIAM.

This is an appeal from an order summarily denying appellant’s motion for relief under Rule 3.850, Florida Rules of Criminal Procedure.

Because the motion is facially sufficient and because the judge did not attach any records to his order denying relief we must reverse the order and remand for entry of a proper order or a hearing on the motion. Hoffman v. State, 571 So.2d 449 (Fla. 1990); Gorham v. State, 521 So.2d 1067 (Fla. 1988); Debose v. State, 580 So.2d 638 (Fla. 5th DCA 1991).

REVERSED and REMANDED.

DAUKSCH, W. SHARP and PETERSON, JJ., concur.

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