Morgan v. State

This case is before the Court on appeal from the denial of a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. This Court has jurisdiction. Art. V, § 3(b)(1), Fla. Const.

At the time of the filing of appellant’s motion, rule 3.850 provided in pertinent part as follows:

Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the prosecuting attorney of the court, grant a prompt hearing thereon, determine the issues and make findings of fact and…