McCorkle v. State

Appellant appeals the denial of his motion for post conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The motion contained allegations which, if true, constitute grounds for relief under the rule. In denying the motion, the trial judge relied on an affidavit submitted by the attorney who had represented appellant at the time of his conviction and sentence. Although the affidavit contained information which indicated that appellant was not entitled to relief, it was not part of the files and records in the case. The portions of the files and records which…