Florida District Courts of Appeal, 1996

Hankins v. State

Hankins v. State
Florida District Courts of Appeal · Decided July 31, 1996 · Dell, Farmer, Shahood
677 So. 2d 112; 1996 Fla. App. LEXIS 8061; 1996 WL 426391 (Southern Reporter, Second Series)

Hankins v. State

Opinion of the Court

PER CURIAM.

The trial court summarily denied appellant’s motion for post-conviction relief filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Appellant alleged ineffective assistance of counsel based on trial counsel’s failure to assert his speedy trial rights.

The trial court failed to attach those parts of the record that would conclusively show that appellant is not entitled to relief. Therefore, we reverse and remand this cause to the trial court with instructions to either conduct an evidentiary hearing or to attach those parts of the record showing that appellant is not entitled to relief. See Carter v. State, 632 So.2d 1139 (Fla. 4th DCA 1994). See also Toliver v. State, 652 So.2d 1291 (Fla. 1st DCA 1995).

REVERSED and REMANDED.

DELL, FARMER and SHAHOOD, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.