Saunders v. State

Appellant appeals from an order of the Circuit Court of Brevard County summarily denying his motion to vacate pursuant to Rule 3.850 Fla.R.Crim.P. Summary denial of a motion under Rule 3.850 can be sustained only when the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief. Merritt v. State, 165 So.2d 245 (Fla.2d DCA 1964). The allegations of appellant’s motion, if true, would be sufficient to entitle him to post-conviction relief. The trial judge, in his order summarily denying appellant’s motion to vacate judgment, recites that the files…