Legal Opinion

Lewis v. State

District Court of Appeal of Florida

Decided January 13, 2011No. 1D10-4955Published

1Per curiam

Appellant appeals an order denying his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. We reverse the order because the trial court neither elaborated on its reasons for denial, nor attached any portions of the record that refute the appellant’s allegations, without which we are precluded from conducting meaningful review. See Thomas v. State, 707 So.2d 1189 (Fla. 1st DCA 1998). The State, in its response to the court’s order to show cause, provided facts with record citations which, if true, would refute Lewis’s claims. However, the trial court did not…

2Cases cited2 opinions

  1. Thomas v. StateDistrict Court of Appeal of Florida · 1998
  2. Brown v. StateDistrict Court of Appeal of Florida · 1997

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