Florida District Courts of Appeal, 2004

Daniels v. State

Daniels v. State
Florida District Courts of Appeal · Decided January 23, 2004 · Monaco, Thompson, Torpy
864 So. 2d 565; 2004 Fla. App. LEXIS 461; 2004 WL 119231 (Southern Reporter, Second Series)

Daniels v. State

Opinion of the Court

PER CURIAM.

Appellant challenges the lower court order that summarily denied his motion for post-conviction relief brought pursuant to rule 3.850, Florida Rules of Criminal Procedure. The court denied Appellant’s motion as successive but failed to attach portions of the record supporting this de*566termination. For that reason, we reverse and remand with instructions that the lower court attach the necessary portions of the record which show that the motion is successive or that the allegations are otherwise refuted. Alternatively, an evi-dentiary hearing should be held to address the merits of the motion.

REVERSED and REMANDED.

THOMPSON, MONACO and TORPY, JJ., concur.

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