Holley v. State

The trial court’s order summarily denying appellant’s motion for post-conviction relief is summarily reversed. It is well-settled that when a trial court summarily denies a rule 3.850 motion without an evi-dentiary hearing, it must “either state its rationale in its decision or attach those specific parts of the record that refute each claim presented in the motion.” Anderson v. State, 627 So.2d 1170, 1171 (Fla.1993) (citing Hoffman v. State, 571 So.2d 449, 450 (Fla.1990)). See also Walkes v. State, 9 So.3d 774 (Fla. 4th DCA 2009); Terry v. State, 970 So.2d 863 (Fla. 4th DCA 2007); Smith v.…