Hendley v. State

Wesley Hendley appeals an order denying his motion for post-conviction relief, filed pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. Of the many reasons stated by the trial court as bases for denying relief, none are valid— because the findings are either contrary to the record or entirely dehors the record. We have previously said that motions filed under Rule No. 1 may not be denied without a hearing unless an examination of the motion and the files and records of the cause conclusively show that the’ prisoner is entitled to no relief. King v. State, Fla. App.1963, 157…