Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided May 30, 2007No. 4D07-1312PublishedCited by 5 opinions

1Opinion of the Court

956 So.2d 1266 (2007)

Gerald L. SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 4D07-1312.

District Court of Appeal of Florida, Fourth District.

May 30, 2007.

Gerald L. Smith, Belle Glade, pro se.

No appearance required for appellee.

2Per curiam

The order denying appellant's motion for postconviction relief is summarily reversed. When a trial court denies a rule 3.850 motion without an evidentiary hearing, it must "either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion." Anderson v. State, 627 So.2d 1170, 1171 (Fla.1993) (citing…

3Cases cited3 opinions

  1. Anderson v. StateSupreme Court of Florida · 1993
  2. Hoffman v. StateSupreme Court of Florida · 1990
  3. Sierra v. StateDistrict Court of Appeal of Florida · 2007

4Cited by5 opinions

  1. Terry v. StateDistrict Court of Appeal of Florida · 2007
  2. Holley v. StateDistrict Court of Appeal of Florida · 2011
  3. Walkes v. StateDistrict Court of Appeal of Florida · 2009
  4. Cruz v. StateDistrict Court of Appeal of Florida · 2010
  5. Pressey v. StateDistrict Court of Appeal of Florida · 2009

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