Powell v. State

The appellant filed a motion for post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure, raising thirteen points for relief. The state responded, attaching portions of the record which it claimed supported summary denial of the motion. The trial court denied the motion without an evidentiary hearing, attaching the state’s response to its order. We find that all but one of the points raised by appellant were conclusively refuted by the record attachments. As to the second point, we reverse and remand for an evidentiary hearing on the issue, or attachment of portions…