Florida District Courts of Appeal, 2016

David E. Jones v. State

David E. Jones v. State
Florida District Courts of Appeal · Decided March 24, 2016 · Lawson, Sawaya, Cohen
188 So. 3d 911; 2016 Fla. App. LEXIS 6399; 2016 WL 1573891 (Southern Reporter, Third Series)

David E. Jones v. State

Opinion

PER CURIAM.

David Jones appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Although the trial court’s order purports to rely upon portions of the record as the basis for denial, no parts of the record were attached to the order. *912 This defect requires reversal. See, e.g., Waters v. State, 612 So.2d 685 (Fla. 5th DCA 1993). As such, we reverse and remand with directions that the trial court either attach portions of the record that refute Jones’ claims, or hold an evidentiary-hearing. Id.

REVERSED AND REMANDED WITH DIRECTIONS.

LAWSON, C.J., SAWAYA and COHEN, JJ., concur.

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