Legal Opinion

Harris v. State

District Court of Appeal of Florida

Decided August 14, 2000No. 1D00-435Published

1Per curiam

This appeal arises from an order summarily denying Appellant’s motion for post-conviction relief pursuant to rule 3.850, Florida Rules ' of Criminal Procedure. The trial court’s order specifically references portions of the record as support for rejecting Appellant’s 14 claims on the merits. However, the trial court failed to attach any excerpts from the record to its order. We reverse the order summarily denying relief and remand for the trial court to attach portions of the record conclusively refuting Appellant’s claims or to conduct an evidentiary hearing. See Byrd v. State, 695 So.2d…

2Cases cited4 opinions

  1. Oehling v. StateDistrict Court of Appeal of Florida · 1995
  2. Hall v. StateDistrict Court of Appeal of Florida · 1992
  3. Wells v. StateDistrict Court of Appeal of Florida · 1992
  4. Byrd v. StateDistrict Court of Appeal of Florida · 1997

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