Dexter v. State

BOARDMAN, Chief Judge.

Appellant/defendant Robert C. Dexter appeals the order of the trial court summarily denying his motion to vacate his plea and set aside the judgment and sentence pursuant to Rule 3.850, Florida Rules of Criminal Procedure. Summary denial of a motion under this rule can be sustained only when “the motion and the files and records in the case conclusively show that the prisoner is entitled to no relief . . .” Fla.R.Crim.P. 3.850. See Merritt v. State, 165 So.2d 245 (Fla.2d DCA 1964). We are unable to conclude from the record on appeal that appellant is entitled to “no…