Florida District Courts of Appeal, 2011

Cummings v. State

Cummings v. State
Florida District Courts of Appeal · Decided May 6, 2011 · Cohen, Jacobus, Sawaya
60 So. 3d 559; 2011 Fla. App. LEXIS 6366; 2011 WL 1705578 (Southern Reporter, Third Series)

Cummings v. State

Opinion of the Court

PER CURIAM.

The Appellant, Ronnie Cummings, seeks review of an order summarily denying his motion for postconviction relief, which he filed pursuant to Florida Rule of Criminal Procedure 3.850. The State concedes error. Based on our review of the record, we conclude the trial court erred because the order does not set forth sufficient reasons for the summary denial, nor does it contain sufficient references to the portions of the record conclusively refuting the claims. See generally Patton v. State, 784 So.2d 380 (Fla. 2000). The order summarily denying postconviction relief is therefore reversed. The cause is remanded for the trial court to either grant an evidentiary hearing or enter an order containing sufficient reasons and record attachments supporting a summary denial.

REVERSED and REMANDED with instructions.

SAWAYA, COHEN and JACOBUS, JJ., concur.

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