Florida District Courts of Appeal, 1993

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided February 5, 1993 · Goshorn, Peterson, Sharp
613 So. 2d 934; 1993 Fla. App. LEXIS 1502; 1993 WL 24592 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

We reverse the order summarily denyin '• the appellant’s Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief and remand to the trial court with instructions to either conduct an evidentia-ry hearing or attach the portions of the record which refute the appellant’s claims.

REVERSED and REMANDED.

GOSHORN, C.J., and W. SHARP and PETERSON, JJ., concur.

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