Jerry Gallion v. State of Florida

Appellant, Jerry Gallion, appeals an order denying his postconviction relief motion which he filed pursuant to Florida Rule of Criminal Procedure 3.850. We find no error in the trial court’s denial of relief as to Grounds 1, 3, and 6 following an evidentiary hearing. However, because the trial court summarily denied Grounds 2, 4, 5, 7, 8, and 9 without attaching portions of the record conclusively refuting the claims, a fact acknowledged by the State, we reverse and remand with instructions that the court either attach such portions of the record or hold an evidentia-ry hearing on the claims.…