Pressey v. State

Keith Pressey filed a rule 3.850 motion seeking postconviction relief. The trial judge denied the motion without ordering a response from the state or attaching records to refute the claims. Also, the court did not state any reason for the denial in its order. ‘When a trial court denies a rule 3.850 motion without an evi-dentiary hearing, it must ‘either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion.’ ” Smith v. State, 956 So.2d 1266, 1267 (Fla. 4th DCA 2007) (quoting Anderson v. State, 627 So.2d 1170, 1171…