Rowe v. State

OPINION ON REHEARING

We grant the motion for rehearing, vacate our previous opinion and substitute the following opinion.

This is an appeal from an order denying a motion for relief under rule 3.850, Florida Rules of Criminal Procedure. There was no evidentiary hearing, and the only attachment to the order of denial was a copy of the state’s response.

A trial court may summarily deny a motion made pursuant to rule 3.850 if, although in proper form, it is legally insufficient on its face. Gentry v. State, 464 So.2d 659 (Fla. 4th DCA 1985). However, if a motion is legally sufficient and the files…