Crall v. State

Rule 3.850(d), Florida Rules of Criminal Procedure, reads that “[i]n those instances when the denial is not predicated on the legal sufficiency of the motion on its face, a copy of that portion of the files and records that conclusively shows that the mov-ant is entitled to no relief shall be attached to the order. Here, the appellant, George A. Crall, argues that the trial court erred in summarily denying his post-conviction motion without either holding an evidentia-ry hearing or attaching the pertinent parts of the record to the denial. The State agrees. Accordingly, we remand this matter…