Florida District Courts of Appeal, 1998

Reese v. State

Reese v. State
Florida District Courts of Appeal · Decided September 23, 1998 · Dell, Polen, Warner
717 So. 2d 1108; 1998 Fla. App. LEXIS 11957; 1998 WL 646687 (Southern Reporter, Second Series)

Reese v. State

Opinion of the Court

PER CURIAM.

Appellant challenges the trial court’s summary denial of his motion for postconviction relief. In a one-sentence order, the trial court denied the motion as legally insufficient. The state concedes that a remand is necessary for attachment of record excerpts conclusively establishing that appellant is entitled to no relief. We reverse and remand for attachment of portions of the record that conclusively refute appellant’s claims or, alternatively, for an evidentiary hearing. Fla. R.Crim. P. 3.850(d).

REVERSED and REMANDED.

DELL, WARNER and POLEN, JJ., concur.

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