Legal Opinion

Callins v. State

District Court of Appeal of Florida

Decided June 16, 1995No. 95-1660Published

1Per curiam

The trial court summarily denied appellant’s motion for post-conviction relief filed *32pursuant to rule 3.850, Florida Rules of Criminal Procedure, but failed to attach those portions of the record conclusively showing that he is entitled to no relief. We are unable to ascertain whether appellant is presently incarcerated for the offense from which appellant seeks relief. Additionally, the facts underlying this appeal may entitle appellant to relief under Wall v. State, 525 So.2d 486 (Fla. 1st DCA 1988), and the trial court’s order fails to disclose whether the trial court considered Wall when…

2Cases cited3 opinions

  1. Gentry v. StateDistrict Court of Appeal of Florida · 1985
  2. Taylor v. StateDistrict Court of Appeal of Florida · 1991
  3. Wall v. StateDistrict Court of Appeal of Florida · 1988

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