Wannamaker v. State
Wannamaker v. State
Opinion of the Court
Anthony James Wannamaker has appealed an order of the trial court summarily denying his motion for postconvic
Rule 3.850 requires that where the motion for postconviction relief may not be summarily denied because of “legal insufficiency” on its face, a copy of the portion of the record “which conclusively shows that the prisoner is entitled to no relief” must be attached to the trial court’s order. See also Morris v. State, 553 So.2d 321 (Fla. 1st DCA 1989). We find that it was error for the lower court to deny the appellant’s 3.850 motion, and reverse and remand for the trial court to either attach those portions of the record which conclusively show the appellant to be entitled to no relief, or to grant the appellant an evidentiary hearing on his motion for postconviction relief.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.