Durden v. State

THOMPSON, Judge.

Frank Durden, Jr., appeals the summary denial of his motion for post-conviction relief which was filed pursuant to rule 3.850 of the Florida Rules of Criminal Procedure. We affirm in part and reverse in part.

This appeal is the second time that Durden has appealed an order of the trial court summarily denying his motion for post-conviction relief. This court dismissed Durden’s first appeal, without prejudice to Durden to refile a properly sworn motion. After the dismissal, the trial court attempted to provide this court with a copy of the trial record to refute the claims…