Legal Opinion

Corbin v. State

District Court of Appeal of Florida

Decided August 15, 1980No. PP-173Published

1Per curiam

Appellant seeks review of the trial court’s denial of his Fla.R.Crim.P. 3.850 motion for post-conviction relief. Rule 3.850(e) requires that the trial court attach a copy of that portion of the files and record showing that the appellant is entitled to no relief; in the present case the trial court did not comply with the rule, and the cause must be remanded for the trial court to attach the required documents or hold an evidentiary hearing. Collins v. State, 382 So.2d 418 (Fla. 5th DCA 1980).

It also appears that the trial court may have relied on an affidavit made by appellant’s trial…

2Cases cited1 opinion

  1. Collins v. StateDistrict Court of Appeal of Florida · 1980

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