Collins v. State

I respectfully dissent. As I read Rule 3.850, Fla.R.Cr.P., if the trial judge deems a motion legally insufficient on its face, he may summarily deny the motion and need not attach copies of the record or grant an evidentiary hearing. Although the trial judge did not so state here, we must assume that he found the motion insufficient on its face because he did not attach copies or grant an evidentiary hearing, and review the order in that light. It is a useless act to send this case back to the trial judge merely to have him tell us that he'found the motion insufficient on its face. I think it…