Lesley v. State

370 So.2d 85 (1979)

Arlen Kim LESLEY, Appellant,

v.

STATE of Florida, Appellee.

No. 79-351.

District Court of Appeal of Florida, Second District.

April 27, 1979.

Appellant's motion to vacate, set aside, or correct his sentence, filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure, was summarily denied by the trial court. We affirm in part and reverse in part.

If a motion to vacate alleges facts which, if true, would entitle a prisoner to relief, then the judge reviewing the motion must attach to his order denying the motion that portion of the record which conclusively shows that the…