Florida District Courts of Appeal, 2003

Stabile v. State

Stabile v. State
Florida District Courts of Appeal · Decided December 5, 2003 · Griffin, Sharp, Torpy
860 So. 2d 1057; 2003 Fla. App. LEXIS 18391; 2003 WL 22867647 (Southern Reporter, Second Series)

Stabile v. State

Opinion of the Court

PER CURIAM.

Appellant challenges the lower court’s order denying his motion for post-conviction relief made pursuant to Rule 3.850, Florida Rules of Criminal Procedure. We affirm the order without comment on all issues except one — whether the trial court erred in summarily denying ground three of Appellant’s motion. On this issue, we reverse and remand with instructions that a hearing be conducted or that the trial court attach to any summary order denying relief those portions of the record that conclusively refute the claim. Oliver v. State, 691 So.2d 1126 (Fla. 1st DCA 1997).

*1058AFFIRMED in part; REVERSED in part; REMANDED.

SHARP, W., GRIFFIN and TORPY, JJ., concur.

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