Legal Opinion

Brooks v. State

District Court of Appeal of Florida

Decided October 24, 1994No. 94-1127Published

1Per curiam

This cause is before us on appeal from the trial court’s summary denial of appellant Brooks’ 3.850 motion for post-conviction relief. Because the trial court failed to include attachments to its order conclusively showing that Brooks is entitled to no relief under rule 3.850(d), we must reverse and remand for the trial court to either conduct an evidentiary hearing or include the appropriate attachments supporting denial. Fla.R.App.P. 9.140(g); Hall v. State, 603 So.2d 650 (Fla. 1st DCA 1992); Wells v. State, 598 So.2d 259 *150(Fla. 1st DCA 1992); Cherry v. State, 590 So.2d 494 (Fla. 1st DCA…

2Cases cited3 opinions

  1. Hall v. StateDistrict Court of Appeal of Florida · 1992
  2. Wells v. StateDistrict Court of Appeal of Florida · 1992
  3. Cherry v. StateDistrict Court of Appeal of Florida · 1991

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