Allen v. State

This appeal is from the summary denial of a motion seeking postconviction relief under Florida Rules of Criminal Procedure 3.850. Appellant raised two points in the motion. The allegations in paragraphs one and two that appellant was denied effective assistance of counsel, and coercion of his plea, if true, would entitle appellant to relief. The trial court, however, failed to either conduct an evidentiary hearing or attach portions of the record which refute those allegations.

Accordingly, we reverse the trial court’s denial of appellant’s motion and remand the case to the trial court. On…